[colorado tanker]

attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated

LTC West made no such attempt. He had no intent to attempt any bodily harm. He will testify he fired into the disposal barrel and would not have done anything else had the bluff failed. If the standard of reasonable liklihood to win a conviction beyond a reasonable doubt were used, the usual standard to decide whether to bring charges, this charge should not have been brought.

[Pukin Dog]

What about the word 'offers' dont you get? He made a threat. You cannot so much as imply a threat. Even if he never spoke. Also, you are forgetting that the standard of proof is not the same as in a civilian court.

It will go something like this:

"Col. West, did you discharge your sidearm in the presense of a prisoner?"

"Yes"

At that moment, he is guilty. Not even Johnnie Cochran could not save him from a finding of guilt. His hopes rest with the penalty phase, because he broke the code.