That's what the first thing I was talking about is, the laws that only require that the officer says they were afraid and don't have a 'reasonable fear' languag

That's what the first thing I was talking about is, the laws that only require that the officer says they were afraid and don't have a 'reasonable fear' language. Prosecutors generally don't take cases they can't win and if the office only needs to be afraid they can always say they were and there's no requirement that their fear be in any way backed up by the situation.