Update 3: Yep, the NY Daily News Confirms it was the cops who shot all the bystanders. Jeffrey Johnson shot one person, the police shot the other nine. Police *claim* Johnson pointed his handgun at them, they fired 16 times hitting Johnson 7 times and the remaining bullets hit nine other people.
(Via NY Daily News) A fired employee murdered a hated co-worker on a packed Midtown sidewalk before dying in spray of police bullets that left nine bleeding bystanders sprawled Friday outside the Empire State Building, authorities said.
Cold-blooded killer Jeffrey Johnson, wearing a business suit and carrying a briefcase, pumped five fatal bullets into his victim near the 33rd St. entrance to the skyscraper, a witness told the Daily News.

Johnson, 53, after casually strolling from the murder scene, was shot to death within minutes in a wild Fifth Ave. free-for-all with cops that sent tourists and pedestrians diving for cover.
Nine other people were wounded, none too seriously, before the shooting stopped just after 9 a.m. near the main Fifth Ave. entrance to the iconic building.
Two officers fired 16 rounds at Johnson from about eight feet away after the gunman pointed his weapon at the pair, police said.
The gunman was struck seven times, with the other bullets and bullet fragments hitting the innocent victims. It appears Johnson never squeezed off a shot at the cops. (more…)