At the April 27 sentencing hearing, Magistrate Judge Charles D. Austin said the court has "some skepticism about some of what the government has presented" based on "individuals who have not been identified or appeared in court", and said "This would not be the first case where an affidavit was found not to adequately capture the circumstances".
Why we used this label
The reference point includes the federal account of the encounter. Austin expresses skepticism about parts of the government's presentation and says affidavits have been found not to capture circumstances in other cases, without ruling on whether the shooting was warranted, so his remarks challenge the government's account rather than condemn the shooting.