August 23, 2024
Wanton Destruction of Property
Discharge of a Firearm within 500 Feet
Client was a hard-working public professional with no prior criminal history. Recently, he had obtained a license to carry a firearm and was home manipulating the firearm while it was loaded. While doing so, he discharged a bullet into his neighbors adjoining apartment. The neighbor was not injured. Police quickly arrived and secured the area. They seized the clients’ firearms and sent him a summons. The police responding with professionalism and restraint. The took the clients firearms and charged him criminally via summons for discharging a firearm within 500 feet of a dwelling and wanton destruction of property. A motion to dismiss was filed on the wanton charge and prior to that motion being heard the District Attorney agreed to dismiss the charge if a plea on the 500 feet discharge was accepted by the judge. As for the remaining charge of discharge of 500 feet, the government requested the judge find client guilty and Attorney Barabino asked for a continuation without a finding (CWOF) that would be dismissed at the end of Probation. The judge agreed with the Defendant and did not enter a guilty verdict siding with the defense.
RESULT: Wanton Destruction Dismissed Upon Acceptance of Plea, Court Agrees with Defense for Continuation without a Finding and Not a Guilty Verdict.