Ya, I got all that. I'm sufficiently trained in the law.
I'm making the point that you don't use the weapon to waive around to scare people off.
I dont think that was what he did. I only watched the one video on the Daily mail site, and he got out of the truck after the paint attack on his windshield. He walked around to the passenger door, and then you see him flinch. I dont know if he was struck by a rock or maced (both were being reported as weapons used by the crowd), but I think in that moment he may have felt threatened by whatever it was. He presents the gun and quickly racks the slide pointing at the crowd, then as the crowd scatters, the gun is quickly pointed down. He never actually 'aims' at anyone, and he doesnt wave it around, IMO.
He does sort of point in when he racks the slide (the camera doesnt show what may have been in the line of sight) but a low time concealed carrier, who doesnt carry chambered, may only have one muscle memorized method of racking, and if you practiced on a range, it would be with the gun leveled down range.
Not to take away from your point. Just sayin'