It didn’t really look like he raised his weapon towards the crowd. He had it lowered until they either started yelling or shooting, hard to tell from the video, he only raised it into a running stance. It was still pointed mostly sideways.
I thought the video would be a slam dunk against him, but it just looks like he panicked when the shooting started and ran away.
Last time, the judge said they can’t hold him just because Marco Rubio wants to deport him. They were allowed to hold him under the flimsy green card application allegations. This is taking away their other excuse.