[El Gato]

I think you just attempted rape and I don't want you to go anywhere and I'm drawing my weapon to see that you don't," I'd charge the sucker with assault. I must be missing something here.

You're missing that he didn't draw his weapon until the "dearly departed" started fumbling in his pockets, for what turned out to be a gun. Prior to that time he'd merely asked him stay and wait for the police.

[Mad Dawg]

Wow, I'm amazed this thread is still clinging to life!

You're missing that he didn't draw his weapon until the "dearly departed" started fumbling in his pockets, for what turned out to be a gun.

Yeah. Good point. EXCEPT, I'm wondering what happens if you draw, as the "good guy" did, and it turns out the bad guy was reaching for dental floss (or his cell phone, to call 911)?

I realize I'm getting all theoretical and everything. But my worry is that here in Virginia the good guy could be nailed for "brandishing".

The more I think of it, the more it seems to problem is not with the shoot itself -- bad guy drew in an obviously threatening manner, good guy shot him. But it's still not clear to me if the good guy was justified to try to keep the bad guy from leaving the scene.