My current Criminal Justice teacher was a detective for a little over 8 years and he carried mace with him, detectives are authorized to carry a non lethal weapon as well. Detectives are investigators, they are supposed to be able to rationalize the situation. How likely was it that he was going to attack her? Given that Batman doesn't have the rep for beating up cops, probably not likely. He also stopped hitting Penguin, which means he's no longer physically threatening him. And all cops are suppose to give AMPLE warning to the suspect before discharging the firearm. She fire as she says freeze the second time.