I'm not sure his desire not to harm would have been entirely obvious in the moment. Someone pulls a gun and points it at you, there's a serious chance they intend to use it.It would have been the dumbest person in the world to try anything against a loaded gun with a bunch of kids around especially against a guy who wasn't looking to hurt anyone there'd have been 0 need to disarm him. The guy was dumb absolutely and deserves to be charged but he wasn't going to shoot anyone so why take the risk in disarming him and having the gun go off and potentially hit a child