This is wrong on so many levels. It would have been extremely dangerous for Rodriguez to leave a loaded weapon in an apartment with a drunken fight going on.  What is he supposed to do with it while waiting for the police? If the cops had responded by driving up with lights flashing, he would have felt it was safe to put his gun down. Instead, they parked away from the scene and sneaked up on him. Were they hoping for a shoot out? The first time he realized the cops were there was when he heard someone shout "gun!" (Hubbard actually walked around the apartment to confront him from behind.) Because they parked away from the scene, there is no video evidence to show whether or not Rodriguez was complying with their orders. That lack of video evidence also made it more likely the prosecutor could get an indictment from a grand jury with just the cops' (questionable) testimony.
Chief Kerns should be fired unless he gets rid of the rogue cops on his force.