Jim, here is what VA code is for brandishing.
Virginia Code 18.2-282:
It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such a manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another being shot or injured. However, this section shall not apply to any person engaged in excusable of justifiable self-defense.
I imagine that the demeanor of the police and the gun owner in the case has a lot to do with it.