In People v. Lochtefeld (2000) 77 Cal.App.4th 533, Lochtefeld was charged with assault with a deadly weapon. At the time of the incident, Lochtefeld was waving and pointing a pellet gun at various people. In discussing the present ability issue, the court stated, "Lochtefeld's acts in threatening persons on the street and in pointing the gun at officers demonstrated his implied assertion the gun was sufficiently charged to inflict injury. The jury rejected Lochtefeld's trial arguments that his weapon might not have been presently capable of inflicting substantial injury, and no reason appears to disturb that conclusion." (Id. at p. 542.) "'A defendant's own words and conduct in the course of an offense may support a rational fact finder's determination that he used a loaded weapon.'" (Ibid.)