It's just too bad in situations like this when the gun ends up being a replica or toy. I know a lot of these look very realistic, though. Time permitting, do the police procedures call for use of aided vision (binoculars, rifle scope, etc.) to positively identify the gun as real? I know telephoto lenses foreshorten objects seen through them and it makes the officer behind the car door look like he's point blank on the woman as she pulls the toy gun, which makes it look like he's close enough to ID the gun as real or not. Did she paint it or remove the orange tip? Was it a BB or pellet gun?
EDIT: NOT BLAMING THE COPS HERE.
I just don't see how that would be feasible in a situation like this. With the gun constantly moving around there would just not be a way to tell for sure, and I sure wouldn't want to be the officer who says he's sure it's a toy and gets his buddies shot.