Actually it absolutely is Aggravated Assault according to Arkansas Law. In his case it is a Class D Felony.
Assault - no contact has to be made (i.e. a swing and a miss would be considered assault)
Battery - contact is made (a swing and a hit is battery. We had similar laws when I was a LEO in GA)
Defining Aggravated Assault in Arkansas
- Assault in the third degree: Encompasses acts that intentionally create apprehension of physical injury to the victim.
- Assault in second degree: Encompasses reckless acts creating substantial risk of imminent physical injury to a victim.
- Assault in first degree: Encompasses reckless acts creating substantial risk of imminent death to a victim, assaults via strangulation or attempted strangulation.
It is obvious from the video that he grabbed his firearm in order to intimidate the news crew, which would be considered "substantial danger of...serious physical injury". By adding the "displays in such a manner that creates" clause it separates what this moron did from someone who is OCing and "displaying" their firearm in a holster on their hip or side.
- Aggravated assault: Encompasses assaults involving extreme indifference to human life, which create substantial danger of death to a victim intentionally, intentional displays of firearm and other deadly weapons.
So it not being in a holster differentiates it from brandishing?
As far as the tv crew, push buttons and things will happen, I just meant they arent faultless for making this situation (however poorly handled by the "gunman") happen.