Discharge
I was OK with his story until he fired the warning shot. He ratcheted it up at least 3 levels past what would be acceptable. I learned that the first step (firearm related) would be to show and/or state he is armed. The second would be to present or draw his firearm. Only if he were directly threatened, should he have fired.
I am not much of a fan of warning shots. If I present my handgun, I have been threatened. If I fire it, it will be to protect my life or my family, friends or innocent strangers. Also, if I fire it it will be for effect and not as a warning.
I will google and look for updates, but I think the DA is OK on this one, legally and common sensically (I think the Bird case fell down on common sense).
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