I would like to think that this was the ax guy, it's impossible to tell from the article.
This part of the article certainly indicates the shooting was justified.
While on the scene, an officer approached a man who was acting suspiciously. The man ran across the street to an apartment complex, where he threw a tire at the officer, breaking the officer's arm.
Syblis says the man then came at the officer, swinging a piece of metal.
That's when the officer opened fire, shooting the suspect three times. The man died at a hospital.
You already have an agravated asault (or battery depending on where you live) and a continued assault with a weapon after injury. AMF.