I do not blame the cops. The prosecutor decided to make the charges for one thing.
Also, none of us would make this mistake, because we have awareness of the use of a firearm and this man didn't follow any of those principles. He shot a warning shot, he fessed up to it BEING a warning shot, he was not in the gravest extreme, and he didn't gather information about the guy.
Here's what the ideal response would be.
a)Stop I have a firearm get on the ground NOW!
b)Kept the gun out of it and taken out his video camera (which everyone should carry, IMO, who carries a firearm) and film the guy and his getaway van/car and get a license$plate and call it in to 911 and preview the plate and call that in also. The cops would have stopped him (the BG) shortly and all would be well. All to often people brandish, or shoot warning shots, and fail to realize they are not the police, and that what is needed is INFORMATION. Who, what, when, and plate number.
c)He should not have volunteered that he shot his firearm, but if inevitable, 'oh the gun went off accidentally in my nervousness'. IANAL, but I think that would be less actionable than an intentional discharge into the ground.
Now, I wasn't there so call it my 2 cents, but if he had time to do all that drawing and shooting the ground, he had time to use his cam and video or snap the identity enough to recognize the guy and get the plate number.
YES, I understand his frustration. I also understand why the prosecutor needed to charge him (initially). I look for his charges to be plea bargained down, but he'll spend a bunch of money getting his guns back (why weren't they in a locked gun safe?). He should have called his attorney right after 911. No attorney on speed dial? Then don't use your firearm so carelessly.
I'm being a bit harsh, but again, no one here would make this kind of mistake. A firearm is in defense of self or loved ones in the gravest extreme, period.
I do feel for the guy and I think 'justice' was not served well.