According to the article, he wasn't shot, he was hit in the head with a blunt instrument. He's still in critical condition though and if he dies... Well I'd rather be shot to death than clubbed to death...
My favorite bit of the article was this:
Oakland police confirmed at a press conference that they used tear gas and baton rounds, but said they did not use flash bang grenades.
Which of course immediately follows this:
Video footage posted to YouTube shows Olsen lying motionless in front of a police line after apparently having been hit. A group of up to 10 protesters gather around him, but a police officer can be seen throwing a device close to the group which then explodes with a bright flash and loud bang, scattering the protesters
The video:
http://www.youtube.com/watch?feature=player_embedded&v=OZLyUK0t0vQThat... That appears to be an Oakland PD officer in full riot gear chucking a flashbang into a crowd... Do they seriously think they can say "we don't use flashbangs" in response to video of an officer chucking one? That's like me saying "I'm on a diet" while my mouth is still full of donuts...
