Unlawful Use of Weapons by Felon Class 3 Felony

Last summer FT was seated on a porch with several friends when local police officers approached him. FT was speaking on his cell phone at the time, and he got up and began walking away. One of the officers detained him and placed him into custody. They returned to the porch, searched the area and recovered a handgun from the bushes next to the house. FT then allegedly made a statement that he had received the weapon from his cousin and placed it in the bushes. FT told us that he had never made ANY statements to the police. He further told us that he believed someone else had placed the weapon in the bushes. The police officers testified that they were responding to a 911 call. They claimed that the caller gave a description of a man who they personally witnessed putting a gun in some bushes. The police claimed that FT matched the description given by the caller exactly. During trial the officer was cross-examined regarding FT’s statement. He claimed that FT stated that he “received a “firearm” from his cousin”. The judge asked the officer “Is that the word he used? “firearm”?. The officer answered “yes”. The judge was obviously skeptical about such a statement. The officer further admitted during cross-examination that he never witnessed FT handle the weapon and that it was not submitted for fingerprint testing. He also stated that the description given by the 911 caller was extremely general and that the caller wished to remain anonymous. The judge explained in his ruling that he had several problems with the State’s case. They simply had not proven FT guilty beyond a reasonable doubt. FINDING OF NOT GUILTY