Apparently the gun did leave the holster, what is contested is whether the gun was "waved" in the face of the "victim", which supposedly rises to the level of felony threatening. Again, reading this story, I'll have to say that Ward shouldn't have spoken to the police without counsel,other than to say this lady was trespassing and he wanted her removed. This even in light of the fact that I'm sure he was protecting his property.
This lady was antagonistic, even by her own testimony, where she said she thought she was dealing with the brother of the landowner who was selling and didn't want the property to be sold. She stood and argued, plus apparently she was walking around looking in windows before Ward came out.
I don't know about the rest of you, but when I end up on a wrong property and the owner comes out screaming to leave, I apologize and leave, no gun necessary. (Yes this has happened to me before and it was my fault for screwing up directions). This lady sounds like a whack job, and this case should not have been prosecuted, never mind having this guy end up with a 3 year sentence.
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