@layman,
So, you are NOT claiming that his hands were up over his head or even out at his sides, but that there conceivably could have been an inch or less between his hands and the actual clothing he was wearing that was near his belt or pocket.
I'm not sure that inch even exists, but I'll accept it for the sake of argument. Well then, he walked from the car with his hands up and way out at his sides, in a manner traditional to one who is being taken into custody. The reason for this position is that the person holding the gun on you knows you are not grabbing for a weapon. That's the reason for the hands-up position. Finicum held the hands-up position until he got to within twenty feet or so of the cop, then his hands went down to his middle area near his belt and pockets.
A. Why would Finicum suddenly abandon the hands-up position once he got close to the cop?
B. How, under the circumstances, can the cop possibly interpret Finicum's abandonment of the hands-up position to one where his hand is near his belt or pocket as anything except a reach for a weapon?