people running. At the scene he and the defendant moved back and forth between cars while the defendant pointed a gun at the officer, which indicated an intent to frighten. When the defendant eventually put down the gun, it was found to be loaded. A "present ability" to carry out a threat was required. The officer was not actually afraid. Should the defendant be charged with assault on the police officer [Robinson v. U.S., 506 A.2d 572 (D.C. App. 1986)]?(p. 139). Assume the facts as stated occur in Virginia