Daniel L. Hawes, a Virginia Legal Defense attorney who defends clients for their use of firearms in self-defense, said that while Ms. Gaither should not have fired into the air, she was not wrong in wanting to defend Brianna or herself.
“A person has the right to defend themselves. A person doesn’t have to wait until they’re actually harmed,” he said. “Shooting into the air sort of changed things dramatically. She is creating a threat herself, to other people in area. She may not be guilty of a crime, but police were not wrong to charge her.”