Mr. Metcalfe’s client was accused of Unlawful Use of a Weapon and Menacing. The maximum prison sentence, if convicted of both, would be 6 years (five years for the Weapon charge and 364 days for Menacing). The allegation was that while waving around a gun, and making a motion like he was loading a round into the gun, Mr. Metcalfe’s client said, ‘I’m going to kill you.’ It turns out that the ‘gun’ was a replica (it actually was a knife because the barrel of the ‘gun’ was a blade with a cutting edge. The facts were as they were. So, Mr. Metcalfe established that his client never intended to use the ‘gun’ because it wasn’t a gun and he made no actions that threatened to use it as a knife. Also, Mr. Metcalfe proved that through his actions, the victim was never actually afraid. The jury returned a verdict of Not Guilty to both charges.