100% good shoot.

The surveillance video is NOT the view the victim had.

The victim's view (-and I saw the BBC interview with the "duuuuude" victim ) was of a HUGE black hole at the end of a gun pointed at his face. -Even if he was too dumb to understand.

No one, not even here in NYC, will be expected to evaluate the condition of a firearm pointed at them in the commission of a felony.

If a robber points a gun at your head, he is good to go.

No assistant district attorney is going to come before a grand jury of citizens and try to convince them of two things: that the victim should have known and understood that the weapon was in an un-fireable condition at that instant because the felon had mishandled it, AND the fact that the felon could have remedied that condition in fractions of a second with a standard drill was meaningless.

It's just not going to happen.

Not because they might not like to, but rather because they know that any competent defense attorney would humiliate them if they did so.

Humiliation is not acceptable in a DA's office.

100% good shoot.