Late to the party on this,
but WHY does the state of the window matter so much?
Merely from watching the video it seems to me the guy either "tried to reach into the window" or he tried to open the door to get into the car (and then "reach" for whatever may POSSIBLY have been in the car). With the latter, that he tried to open the door actually more likely.
* the window being up is IRRELEVANT since even the speculation that he could've broken the window to "reach in" has merit and is NOT too far fetched.
What counts here is the perceived threat by the officer:
She was facing this unresponsive man who was likely high on something, MULTIPLE times not complying with her orders.
The man, undeniable, moved towards the car. (Whether to a window, closed or shut, whether to open the car etc...doesn't matter that much in this context, at least not for me).
The officer's assumption that he MAY possibly be about to grab a weapon is entirely legit.
Except the windows were up and he couldn't reach in to his vehicle
IRRELEVANT. The guy was high. What's important is his intention. Why else do you think he walked towards THE SIDE OF HIS CAR, if not (according to any common sense) either to reach in or to get in?
But it's clear that this entire thing now is made into a sharade where it will all come down to "whether the window was up or down", to suggest the guy didn't intend to reach in "because it's impossible since the window was up".
If this had been the case (that he didn't intend this...as lawyers suggest)...hey I must've watched an entirely different video...because, in their speak, he looks indeed like "he ain't up to no good" from his behavior. (Whether he was actually high is ALSO not relevant here, what counts is the threat the officer(s) perceived and in this moment perceived as "real". Here it is ALSO not relevant, for example, whether the officer previously looked into the car and didn't see a weapon. Assuming that her "looking in" had been so thorough that the cops could ENTIRELY exclude that the guy could not produce a weapon that he possibly had in the car somewhere, possibly hidden, is ABSURD).