Going with your analogy, let's say instead of Penguin it is a sobbing woman. But now let's say instead of Batman it's her husband. Cops don't shoot people when they beat up their wives (no matter how much they'd like to). And he didn't refuse to stop, he refused to put his hands up. He's essentially resisting arrest. You notice he DOES stop beating up Penguin, even if just to pay attention to the gun. She doesn't give ample verbal warning before shooting, which cops are required to do. I'm not saying Batman was right, I'm saying both parties are wrong and that this is probably not the best example of good law enforcement or being a 'hero'.