Well i Think that there is a case for Gross negligence manslaughter and as the police fired at a man who was running away and therefore not an immediate threat, doesn't that throw away any claim for extenuating circumstances on there side (sentencing).
And no the malice would not be transferable to the defendant as it was not foreseeable that the policeman would shoot at the defendant leading to the death of another person, plus the fact that the man was partially death so colndt hear rthem telling him to stop.
*TBH the whole scenario is a bit bad, why in the world wold a policeman shoot at somebody who has just committed ASSAULT, it would be more believable if it was GBH or murder*