This an excellent example of why it is a bad idea to fire warning shots.
This is not the first case where the prosecution used the location of spent brass to prosecute the shooter. Perhaps this is a small, but relevant, reason to consider a revolver?
The Charter Arms Bulldog .44 special is a nice handfull. Myself, I'll take a Mod 36 or 60 S&W because they are lighter.
Revolvers don't leave brass on the ground so you cannopt be charged with littering.
Frangible bullets do not leave rifling marks to confuse lab techs.
One of many reasons to carry a pistol.
If he had killed the little bastard, he at lesat would not have a lawsuit to pay.