It doesn't matter...you are already dead.
But...if it is me vs. a whole swat team who has the drop on me and guns trained on me, hmmmm I think I will go ahead and put my hands up, it doesn't mater who is right of wrong at that point in time.
remember this: Shooting at cops gets you nothing but dead.
Actually, the original question I was responding (with question) to was "a dude"......not knowing more are behind him.