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Depending on the DA and facts could be charged as brandishing or assault with a deadly weapon yeah. But I think ADW is less likely if he didn’t point it at them. But I think he made a statement about shooting them which could also be charged as criminal threats PC422.Unless I’m mistaken, wouldn’t that be assault? I don’t understand why he wasn’t charged, there’s got to be more to the story.
From a quick Google search:
“Assault: Requires the intent to cause harm or create fear, coupled with the immediate ability to do so. No physical touching is required. For example, swinging a punch and missing, or pointing a weapon at someone in a menacing way.”