Case law shows that if you cause and injury to a person and they die from it you can be upgraded on the charge. That is the case here, he committed attempted murder of a Law Enforcement Officer when he shot him, The officer died as a result of a surgery from that injury. He never would have had a bullet fragment in his eye if he hadn't been shot by the suspect. It's really a simple case, and yes as much as you do not like it , I do like it and it is legally a correct charge. Sorry you want to hold the hand of a deadbeat murderer. Think about the kids that the officer left when you cry for this criminal you hold in such high regard