So a few things:

You could make a flimsy argument that the guy who said "this is for you nagger" or whatever could have felt his life was in imminent danger by the homemade flame thrower. I would say that the homemade flame thrower is just the black gentleman open carry weapon of choice.

I can believe on face value the cops didn't hear or see anything but once they find out about this after the fact the only crime the guy is charged with is "unlawful discharge of a firearm in a school zone"