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ina you tnreaien nunr Mr. ingerasked.
“The only threat I made was I told him I would smack him,” Mr. Wayland replied.
He added that he only fired the gun to get Mr. Dodson to move his truck. He said that he was con* cemed for the health of his sister, whom his mother had told him was upset by the surveyors’ being near their house earlier that morning. “That’s where I was going.”
Mr. Ashwell returned Mr. Dodson to the stand to rebut Mr. Wayland and Ms. Eaton’s testimony. “Was Ms. Eaton in the truck?”
“No sir,” he replied. “There wasn’t nobody in the truck.”
In summation, Mr. Ashwell accused Mr. Wayland of engaging in “Wild West justice.” It worked, he added. “Mr. Dodson left, he got out of Dodge.”
The charge of brandishing, Mr. Ashwell pointed out, requires that the defendant point a firearm in a manner to reasonably induce fearin the victim. It does not matted ‘he said, whether the weapon is actually capable of inflicting harm.
The assault charge is proven by the facts, he added. “The intent or ability to inflict bodily harm, and the
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