Charges Dismissed – Sanford Improper Exhibition Of A Firearm Thrown Out After Motion To Dismiss
Case: State of Florida vs. XX, Seminole County, Sanford, Florida
Judge: The Honorable John L. Woodard
Charges: Improper Exhibition of a Firearm
Arresting Agency: Seminole County
Facts: XX was seen cleaning a gun in his backyard by his neighbor, sometime later the same neighbor allegedly heard a gunshot coming from near XX’s residence. When law enforcement arrived they found XX’s firearm and stated XX had been drinking. XX was charged with improper exhibition of a firearm.
Defense: The most essential element of the charge of improper exhibition of a firearm is that that gun was actually "exhibited". Based on the facts leading up to XX's criminal charge there was never evidence that the neighbor visually saw XX improperly or recklessly using the firearm. Ryan filed a motion to dismiss the charge against XX.
Result: The Judge granted Ryan's motion to dismiss. All charges dismissed.