“The fact Fielding was brandishing a weapon and was unlicensed bears closer scrutiny,” Alexander suggested.

“We are all fortunate this didn’t turn out worse than it did.”

San Jose police recommended to the district attorney that Fielding should criminally charged with the crime of unlawful brandishing of a firearm.

Santa Clara County District Attorney declined to file criminal charges against the mall cop, saying there was insufficient evidence.

Richard Alexander said Security Risk Management terminated Fielding immediately after the event.