Pay with card at pump and don't go inside
Even without audio, other than acting like a 10 year old and throwing some shit around, the customer never attempted to get behind or jump over the counter. Words can prove intent, but the customer didn't have the means at that moment. The sight of the clerks gun seems to enrage the customer more and escalate the situation. Very easy to Monday morning quarterback this video but I feel clerk went to gun too soon.Hard to second guess the clerk without audio. The guy could very well have been threatening him with physical harm as he started to get wound up and toss things around.
Even without audio, other than acting like a 10 year old and throwing some shit around, the customer never attempted to get behind or jump over the counter. Words can prove intent, but the customer didn't have the means at that moment. The sight of the clerks gun seems to enrage the customer more and escalate the situation. Very easy to Monday morning quarterback this video but I feel clerk went to gun too soon.
I agree that it seemed as if the clerk pulled it out with more of an intent to intimidate. Typically you shouldn't pull it out unless you plan to use it. However, in this case, the attacker was throwing items at him that could cause physical harm, or possibly render him unconscious (the paint can), and the attacker may have been saying things that would lead him to believe it was his only choice.As the clerk why draw on that guy? Let the dude vent and move on with his day. The clerk over played his hand hoping to intimidate and scare the customer. In this case the customer was willing to walk the walk. Now what? Now as the clerk you gotta hope the customer doesn’t escalate to a gun fight. Once you win that gun fight you have to articulate to the jury why you pulled the gun in the first place.
I think it would be menacingIn NYS that would be a brandishing charge.