Why are you imagining that all were when he was "charging"? Didn't the police state that there were shots fired in 3 separate time-frames in one of their press releases?
AFAIR they said there was:
1: One in the car.
2: An unknown number as the suspect fled. (We have since found from the Baden autopsy that only one of those was possibly a hit; unless of course the suspect was fleeing backwards (backpedaling) which no-one claims.)
3: An unknown number as the suspect returned aggressively. (We have since found from the autopsy that the majority, or all, of the hits were here.)
Also, that police statement correlates closely with one of the primary witnesses. That witness said one shot in the car, then some shots while the suspect fled (the witness interpreted one of these as a hit and that it made the suspect jump but that was likely the witness misreading the suspect flinch around in the fear that being shot at produces), and then the lethal volley of shots when the suspect turned around.
Both "sides" seem to agree on that basic grouping (though the actions of the suspect after he turned around are not agreed upon).
What is not as clear and agreed upon by the police and the witnesses are the exact facts on which the police officer was basing the right to shoot. I believe the police have claimed a punch to the face and a reach for the weapon, correct me if I am wrong.
I suspect more details than we have about those two facts, and potentially others, are being presented to the grand jury.
Also, they are openly, clearly, and specifically not claiming that the theft of the cigars or the jaywalking are part of that right to shoot.