From Igal Staw testimony, Aug 22, page 7, lines 19-27:
(Questioner is Attorney Rachel M. Baird)
19 Q And what do you remember in detail, if you can tell me
20 everything you remember about seeing that firearm with Mr.
21 Doutel on February 7, 2011?
22 A The firearm was under a hat on a counter in room
23 number two in my office.
24 Q Okay. And how did you come to see the firearm under a
25 hat in room number two of your office?
26 A I don't remember who removed or partially removed the
27 hat, but somehow the hat was removed and I saw it.
*NOTE: Staw himself moved the hat.
Page 8, lines 1-23
1 Q Okay. And when you went into room number two of your
2 office and saw the firearm because the hat on top of it was
3 partially moved, what did you do?
4 A I said it's a firearm.
5 Q Did you talk to Mr. Doutel about the firearm that you
6 saw in room number two?
7 A Yes. He told me that it's a firearm. Its licensed.
8 He's allowed to carry and that's what it is.
9 Q Okay. And did Mr. Doutel pick the firearm up in front
10 of you that day?
11 A Not in front -- I don't remember him picking it up in
12 front of me, no.
13 Q Okay. Did he threaten you with the firearm that day?
14 A No.
21 Q And did your office have any policy that prohibited
22 individuals from bringing firearms into your office?
23 A No. We don't expect it.
Page 9, Lines 3-14
3 Q And when you knew that he had the firearm, at least
4 two times prior to February 7, 2011, did you -- did you
5 discuss making a policy at that time that firearms not be
6 brought in your office?
7 A No.
8 Q Did you ever tell Mr. Doutel do not bring a firearm into
9 this office again?
10 A No.
11 Q Did you, prior to February 7th or on February 7th call
12 the police when you saw Mr. Doutel with a firearm in your
13 office?
14 A No.
Note that Zwickler uses the word “brandish” in his “incident report”, which implies that Mr. Doutel had a gun in his hand and waved it around. Note also that Staw himself clearly states Mr. Doutel’s gun was never anywhere near him during the examination. Mr. Doutel’s gun was across the room from him, on a counter under his hat, in its’ holster! Further, Staw wouldn’t have known it was there if he himself had not moved the hat! The only reason Mr. Doutel removed it was to allow for the administering of medical tests which the holstered gun would have interfered with.
Definition of “brandish”, from http://dictionary.reference.com/browse/brandish :
bran·dish [bran-dish]
verb (used with object)
- to shake or wave, as a weapon; flourish: Brandishing his sword, he rode into battle.
noun
- a flourish or waving, as of a weapon.