Originally Posted by waylander
It said in the news report that the information that the gun "was probably a toy" was not given to the officer. In the end though, that doesn't matter, whether the witness thought it was a toy gun is immaterial, the police cannot take the chance that it's real or a toy, especially with the orange tip removed/painted over.
Sadly to say, milsim paintball guns don't have orange tips either sold in the US. So sooner or later a kid with this type of gun will also get shot.