Dogs, tasers and batons (and OC, certain restraint holds, hands-on, bean bags, pepperballs, etc) are classified as non-deadly or less-lethal force. Certainly you can use a baton as deadly force (e.g. with a strike to the head), but you can do the same with a screwdriver. That does not mean that the use of a screwdriver constitutes deadly force under all circumstances, does it? However, shooting someone ANYWHERE constitutes deadly force.
If you're going to disagree with me here, post a law that backs you up.