[kiryandil]

If someone pointed a gun at you (not saying Erik did), would you assume it was loaded or not?

I would assume that it was loaded.

However, if I accused the guy of attempted murder, and it was found that the gun wasn't loaded, how would that stand up in court? Would I still get to speculate in court WITHOUT REBUTTAL that the guy "could have shot through his holster" or "he could have used an innocent bystander as a human shield"?

I'd get laughed out of court.

[Toddsterpatriot]

I would assume that it was loaded.

Me too.

However, if I accused the guy of attempted murder, and it was found that the gun wasn't loaded, how would that stand up in court?

Since we've agreed that the cops couldn't read minds, how should they react to the threat of the loaded gun?

Would I still get to speculate in court WITHOUT REBUTTAL that the guy "could have shot through his holster"

We've got one of those 20/20 hindsight things going on here.