While I would put nothing past CBS, those appear to be two different stills from video footage. In the second "photo" he's simply holding the gun in a different position (probably only a second or two later), and it is partially obscured.
You are correct. Those are different frames and the photo was created to show him tossing the gun.
What the OP has presented it to be in this post is what's completely false.
The complaint about CBSs video was that they cut away the frames that showed the kid being shot and falling to the ground which included the scene in this image.
The 2nd of these two frames and the frame of the video where the officer fired his shot were .38 milliseconds apart.
If CBS doesn't care to show people being shot that's their business but what the real BS is here is how this image is being presented.
Here is the CBS edit
https://mobile.twitter.com/RealSaavedra/status/1382857969658855425?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1382857969658855425%7Ctwgr%5E%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fnoqreport.com%2F2021%2F04%2F16%2Fcbs-splices-gun-in-adam-toledos-hand-out-of-police-shooting-video%2F
