NYPD shoot at unarmed man, hit bystanders, charge man with assault for making them shoot

They are called “less than lethal” because they are designed to incapacitate or subdue someone instead of kill them. They are not 100% foolproof and safe, so they do prove lethal sometimes. Many things not designed to be lethal end up killing people. Every year a couple people die from baseballs to the head or chest.