Even if less-lethal ammunition were risk free, that should still be a crime. Even in the ideal risk-free case, how is this any different from assault, if the cop came up behind a reporter swinging his baton. There was clearly no justifiable reason, it was clearly assault for fun or intimidation, and any reasonable person would know that.
A good time to remind everybody that while rubber bullets are considered “non-lethal,” they can kill.
Back in 2004 a college student in Boston died from a bullet that missed its intended target, hit the ground and ricocheted into her eye.
https://en.wikipedia.org/wiki/Killing_of_Victoria_Snelgrove
So, while the shot certainly wasn’t warranted, IMO its worse because of what could have happened because this officer was taking a shot for fun.
Even if less-lethal ammunition were risk free, that should still be a crime. Even in the ideal risk-free case, how is this any different from assault, if the cop came up behind a reporter swinging his baton. There was clearly no justifiable reason, it was clearly assault for fun or intimidation, and any reasonable person would know that.
It is a crime. Cops are effectively above the law.
There are some laws that even cops can’t ignore, such as the law of gravity when a brick is in the air.