Can’t imagine what they would be indicted for outside of a very creative interpretation of their brandishing law...
A good NRA-ILA or USCCA attorney should be able to get this thrown out in a hearing.
That depends entirely on the whim of the judge. Most will allow a prosecutor to try novel theories of law, and allow the case to go to trial. The courts and the DA are more or less in cahoots. Two parts of the same system - government, by and for the government.