He's got to be going for the self-defense, defense right?
which means that Boogie "reasonably believed that Frank was committing or about to commit a felony involving force or violence" which means he will claim he was justified in his actions when he "displayed a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person".
I don't know what violent felony Boogie believed Frank was going to commit but the problem for Boogie is that the state might not even argue that they are talking about Frank as the person for whom was created a "substantial danger of death or serious physical injury".
The entire neighborhood was put at substantial danger by what he did (especially firing the gun in some random direction).
Unless he wants to claim that the entire neighborhood was going to come out and lynch him he doesn't have a self-defense argument against the entire neighborhood.
He can’t claim self defense, because he didn’t shoot with intent to kill his supposed attacker. It doesn’t matter how much danger he claims he was in, he didn’t use the gun in a way that would justify such a claim.
If he’s going full retard not guilty, there is not much hope left he’ll escape jailtime.
Here’s the “I shot a guy” flowchart:
1. “I fired in the air as a warning anywhere except the middle of nowhere” = reckless disregard for human life
2. “I shot with intention to wound” = assault with a deadly weapon
3. “I shot with intention to kill, but he survived” = possible you escape criminal charges, you still might be raped in civil court for pain and suffering
4. “I shot with intention to kill and he died, it was him or me” = prosecution may try to make an example of you and even in the best circumstance you’re looking at a lengthy investigation, intruder’s family might still try to rape you in civil court
America might preach a right to self defense, but it’s only implied and if you do try to use it you better be prepared for all the court cases that follow. There is no “I shot a gun, tee hee, please forgive me Judge”. Not anymore.