I'll have to watch it again, but I must have missed that part were he "pulled gun on guy". He removed the gun from the holster, but never pointed it.
That being said, I'm not sure why that conversation/situation even took place.
What is your definition of "pulling a gun" if not out of it's holster? The title doesn't say "pointed".
If someone says a gun was pulled on them, it means to me that it was pointed at them. Pulling it out of the holster didn't really endanger anything but the concrete it was pointed at. Again, though, I don't know why there was even an issue there. We get recorded all the time and it's just normal anymore.
Well let me ask you this. If a police officer were recording me and I unholstered my carry gun after getting out of my car and walking toward him, even pointed at the ground. What do you think would happen to me?
Would I be able to walk away and go home? Would I still be breathing? You try it and let me know.
Ability, opportunity, jeopardy. All were present.
I'll have to watch it again, but I must have missed that part were he "pulled gun on guy". He removed the gun from the holster, but never pointed it.
That being said, I'm not sure why that conversation/situation even took place.
If someone says a gun was pulled on them, it means to me that it was pointed at them. Pulling it out of the holster didn't really endanger anything but the concrete it was pointed at. Again, though, I don't know why there was even an issue there. We get recorded all the time and it's just normal anymore.
Change the scenario to include two non-badge-wearing civilians, instead of one badge-wearing civilian and one non-badge-wearing civilian. Would the action of removing the gun from the holster, but not pointing it, be construed as anything other than "pull[ing his gun] on the guy"? Would that action be anything less than unlawful intimidation/menacing/threatening/assault/brandishing (depending on the state-specific statute)?
IC 35-45-2-1
Intimidation
Sec. 1. (a) A person who communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other person's will;
Cop ordered man to take hand out of pocket. Man refused. Cop unholstered gun