[Greysard]

The law currently authorizes use of deadly force only if one fears for his life. A warning shot is a demonstration that the shooter is not in such a fear. Firearms are not legally allowed to be used for intimidation, for better or for worse. Such use is punished harsher than shooting to kill.

[The Duke]

..."for better or for worse. Such use is punished harsher than shooting to kill.

And in this case it's certainly "for worse", and this guy should never have spent a single day incarcerated.