Did you personally feel threatened by Rosenbaum, asked Binger, and the USMC rifleman who at the scene had been armed with an AR rifle, a knife, and a can of CS spray, as well as in the company of similarly armed friends, answered that he had not felt personally threatened.
This turned around to bite the State when the defense got to Lackowski on cross examination, however.
Chirafisi asked him, you were never alone one-on-one with Rosenbaum were you? No. You had support with you? Yes. Rosenbaum had never threatened to kill him? No. Never told him, if I get you alone, I’ll f’ing kill you? No.
What if, Chirafisi asked, you had been alone, and Rosenbaum had threatened to kill you under that circumstance, and you saw him charging you at full speed, screaming “F-you!” and fighting to take your gun from you, would you feel then that he was a threat?
Lackowski: “Oh, yeah, a threat to my life, yes.”