Philly - he was fleeing the whole time.
Just because you aren't actively running at that exact nanosecond, doesn't mean you aren't fleeing. He was also hitting the brakes on his car. Does that mean that he was no longer fleeing the police?
If you punch a cop in the face, then don't hit him for 1/2 second, and he punches you - can you say, "Well, I had punched him - but I had stopped and wasn't punching him at that moment! He assaulted me!!"
That's not how it works.