If he had surrendered peacefully, then yes. Unfortunately, he was shooting back at us and using his mistresses/wives as human shields. In addition, there was also the fear that he had rigged himself with explosives. That makes it impossible to take him alive. Plus, he probably would've been tried by a military tribunal which is pretty much a joke and only delivers the answer that the military wants it to.
Posted by: Dr.Strangelove, idek who this guy is