"Brandishing a firearm" is just a commonly used phrase. The actual statute pointing a firearm would be under 'Menacing".You're too funny... if you are so up on the law, show me a Kentucky law for "brandishing a weapon". I just love laughing at sidewalk attorneys! LOL you make me laugh too!<quoted text>
I'm not one of those "sidewalk" attorneys as you refer to them as, but I have been lucky enough to be able to sit in MANY criminal trials in KY and other states.
Bottom line is the peace officer DID have the right to fire his weapon if indeed the perp pointed the shotgun at him. However, by the same token, the perp cannot be convicted of any assault charge because there was no injury or attempted injury. Since there was no injury to the police officer or attempted injury to the police officer either, an attempted murder conviction would never stand either.
Yes - the officer had a right to shoot. But...the Commonwealth is limited in what the guy in the truck can be convicted of due to the fact that he never fired the weapon. So, a combination of Misdemeanors or maybe - just MAYBE - a Class D Felony is all he will be convicted of, and there are just a couple of Statutes that will allow for that.
There's you something to think about from someone who has watched probably over 500 criminal cases IN PERSON over the past 30 years. I may not be an attorney, but with the job I do, and the experience I have in trials in a certain form, I can 99% assure you that this is what will transpire. I didn't participate in all these cases and sleep. I paid attention and listened and learned.