He knew what he was doing, and he was trying to make the jurors feel the fear of having a gun pointed at them like his client had experienced, so they might relate to him. However, like his client, he also pointed the gun first. No one likes to have a gun pointed at them, even if it is unloaded. I shoot and clean guns all the time, even when I know it's unloaded I'm still uncomfortable pointing it anywhere but the ground. It's inexcusable, and illegal, but of course nothing will be done about it because prosecutors are all above the law. https://www.law.cornell.edu/wex/assault >The definition of assault varies by jurisdiction, but is generally defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Physical injury is not required.