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So many things wrong in this story. I believe the worst is the Denver PD did not arrest him confiscate the pistol and hold him until trial or he gets bail
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How do you know his pistol wasn't confiscated?
Also, if charged it most likely will be a Class I misdemeanor.
https://codes.findlaw.com/co/title-1...-18-3-204.html
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(1) A person commits the crime of assault in the third degree if:
(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon;
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What that means is under Colorado Law the police can't arrest him without a warrant unless they observed the behavior directly. So it seems the local police followed the law correctly in regards to this case.
Showing "criminal" negligence is going to be the bar they have to overcome to get a warrant. The agent was clearly negligent.