It is absolutely a case by case thing in terms of what extent you can apply incapacitation. You can't shoot and kill a shoplifter suspect to prevent the supect from doing shoplifting again. Note: Failing a sobriety test doesn't prove the crime yet, since the test has been officially acknowledged to have inaccuracy.
Besides questioning me, can you do us a favor and ask your question to the police department that has fired this polieman who killed Mr. Brooks, and question the Attorney General of Georgia and share with us what they responded to you. Tell the Attorney General to do some "research" on "incapacitation". Thanks.