I don't even see what the issue is if Kyle raised his weapon anyway. He did not shoot at that point and every shot he took has be analyzed over and over.
He was in a active threat/fluid environment, maybe he reacted
to something above him and looked up and the gun was pointed as a deterrent to an unknown threat or maybe the gun just moved as he changed his position, which was done hundreds of times as he moved through the area
the prosecution cross examined Hernandez regarding what could be seen as a similar reaction by him when he testified to seeing a laser light point at him. Prosecution was pushing the fact that Hernandez was reacting because he was in fear of eminent danger the only difference being one was holding a press pass and the other a rifle