This is actually a semi-funny story
Turning around, he saw a man holding what appeared to be a pellet gun and told him, "That's just a BB gun," the deposition continues. Replied the suspect: "Are you sure? Do you want to bet on that?" Schwerzmann reached for his wallet, then hesitated, and was shot multiple times with what was indeed a pellet gun, the newspaper recounts.
Turning around, he saw a man holding what appeared to be a pellet gun and told him, "That's just a BB gun," the deposition continues. Replied the suspect: "Are you sure? Do you want to bet on that?"
Schwerzmann reached for his wallet, then hesitated, and was shot multiple times with what was indeed a pellet gun, the newspaper recounts.
It's also shocking that a New York judge would know the difference between a pellet gun and a Vulcan cannon, but that's neither here nor there.