You're right on all counts. I know Robert Barnes is saying that the gun was removed from the holster by an LE, but I simply can't see that from any video, including the ones he linked. That might be true, but I can't see that. And that assumes that the other cops understand that anyone removed it. Then again, I would highly doubt that any LE would try to remove a gun from someone's holster, in their waistband, while in a giant pile-up. Best is to control the guys' hands and stuff the draw. If the gun was out of the holster, it makes me think that the suspect drew the gun. Especially since he seemed to reach for his waistband a couple of times before any of the cops noticed a gun.

These are things that you must never do when carrying a gun legally or not. A criminal would be ill advised to reach for his waist if he's carrying an illegal gun. I swear, 30% of all police shootings that don't involve a vehicle, happen because the criminal pulls a gun and gets shot as he attempts to throw it away to avoid charges.

The most potentially criminal thing I can see here is other other agents engaging in sympathetic fire. That should always be avoided, but it's such a common problem among all humans, that you should still expect to see it.