Exactly. But it's one of those things you can't prove unless you have them blabbing about it. But prosecutors should know that this kind of shit happens.
Well, you have to know what the other side is saying/thinking in order to mount a good offense. If the gun was pointed down, they going to make all kinds of arguments.
I'm not a prosecutor, but I know if I confront someone in Ohio with my hammer out, I'm the aggressor and it's assault. So If I'm committing assault just by brandishing, is it automatically self-defense for the other person? I don't think people are aware that brandishing can lead to an assault case.
The argument about charging the guy with the gun. Well, that's specific to the person obviously. Some people run. Some just stand there. Some might try to go for the gun. Really not interested in hearing online speculation as to what people would do with a gun pointed at them unless they actually been in that spot before(much like a fight, everyone has a plan until they get punched in the mouth). And that's arguments both fucking ways. I'm really only interested in the legality of the situation. In Ohio, the person with the firearm would have to eat at least a manslaughter case. Something.
Those cacs weren't LE. Weren't bail agents. So it seems to me they committed the first assault. Shit, I've seen cats get kidnapping charges without pointing the gun at people. These cacs should be in a world of shit period just for having those weapons OUT and making vocal commands.