 White stated that the pistol fired accidentally, and that Brocius, intoxicated, evidently did not realize the pistol was cocked.It was due to White's testimony, as well as a demonstration for the court that Brocius' pistol could be fired from the half-cock position, that Judge Neugass in Tucson dismissed the charge against Brocius.Despite his regret over the shooting death of White and his assistance from Earp in being taken out of town (Earp also ended up testifying on his behalf), Brocius resented having been pistol-whipped by Earp during his arrest.