Video shows security guard at San Jose's Westfield Valley Fair pointing gun at man

SAN JOSE, Calif. (KGO) -- An Apple engineer is taking on a major mall owner and a security firm after a guard pointed a gun at him as he was leaving a parking lot. And there's video of the entire incident.

What would you do if you saw a gun pointed right at you with the shooter in position to fire?

It started out as a routine run to San Jose's Westfield Valley Fair mall on a Saturday early last December. As Apple engineer Nick Buchanan was leaving the parking garage, a disabled car blocked his way. So he backed up a little and went around the other vehicle. That's when Buchanan says he accidentally ran over a traffic cone and the guard ran after him.

The gun was holstered when a supervisor arrived. But the situation remained tense.

In the video you hear the guard supervisor say, "Unlock your door please." And Buchanan answer, "Why can't you talk to me right now?"

To which the guard supervisor said, "Sir, if you don't unlock your door, I'll take out your window."

Buchanan's response was, "Why are you going to take out my window?"

And finally the guard supervisor is heard saying, "Get out here and talk to me."

Two San Jose police officers responded, noting in their report that the guard with the gun did not have on him two required permits -- a state issued guard card and a gun permit.

The guard was identified as 22-year-old Francis Fielding of San Jose.

Fielding, along with his supervisor, the security firm, and Westfield are named in a lawsuit filed by Buchanan for assault, false imprisonment, negligence, and infliction of emotional distress.

"He was off work for a matter of five months," said attorney Richard Alexander. "He's been able to get back to work now, but this is serious business when someone stares you down with a 45."

Westfield, the owner of Valley Fair and malls throughout California and the U.S., declined comment because of pending litigation.

Security Risk Management's headquarters address is a private mail box in a San Jose strip mall. Its telephone appears to be disconnected.

San Jose police recommended that Fielding be charged with brandishing a firearm, but no action was taken.