The did not fire to scare him. They said they thought he had a gun. Since he fled and escaped successfully there is no way to prove that he was or wasn’t armed. If they thought he was armed and fired, that was use of reasonable force and not in any way assault. Even if it was assault; When was the last time someone got 10 years for assault?
I know that. I am illustrating why it does not matter whether Davila was injured or not to the charge of assault.
I believe Ramos and Compean. I have defended them over and over, so don't misconstrue my hypotheticals. This has to do with why Ramos stipulated that the bullet which hit Davila came from his gun.