“IT WAS NOT A TOY”
Of course it was a toy. It shots 6mm plastic pellets. Other than getting hit in the eye there harmless. And regarding the eye, a pencil will put out the eye and it’s not a weapon.
Perception is reality.
In that situation, with a split second to decide, are you going to bet your life on it being a toy?
A toy that “other than getting hit in the eye” is harmless? That’s the definition of a toy? Then let’s call Clorox a toy.