Go back an re-read Joe Henry's post but I'll sum it up for what the panhandler and witness would have seen. One man approaches another asking for money, the other man places his hand in his pocket and says I've got nothing for you". The panhandler leaves. Who was threatened? No one. Who saw an offensive act? No one. As in your post, he did not indicate to anyone present that he had a firearm. You are correct in that retired officers don't make charging decisions (BTW, I know that) but I base my response on three decades of experience in law enforcement.