04/24/2023
Recently, a client was charged with felony possession of a deadly weapon with unlawful intent to harm. This client is an older hunter. As he was driving, a ranch owner confronted him and his brother on a public road. Then proceeds to tell them that it is a private property on both sides of the road. My client gets out of the truck grabs his shotgun and shoulders it. The alleged victim claimed that he walked to her truck and started yelling.
She proceeded to call the police claiming my client pointed a shotgun at her and threatened to kill her. My client and brother both said he never pointed a gun at her. Wyoming is an open-carry state, so he can legally walk up to a car with a shotgun.
The police questioned my client and his brother on the allegations, and they told them that they never pointed a shotgun at anyone. My client challenged the police, letting them know that he did not point his gun, threaten, or do anything outside of his rights. Police arrested him and didn’t bother with an investigation or follow-up.
Our client never pointed a gun, nor did he threaten the alleged victim. In the initial police report, the alleged victim claimed that my client “kind of” pointed the shotgun at her three different times. But, on cross-examination, in court, she stated that he “definitely” did point the gun at her. We argued that she was lying or mistaken but not definitive enough for proof beyond a reasonable doubt. She also claimed on the stand that she initially stopped the hunters to see if they needed directions. Her initial statement refuted her initial claim in the trial.
The jury out was out only an hour and a half and came back with a unanimous Not Guilty verdict. Our client was thrilled with the outcome.
If you are looking for skilled counsel and fearless advocacy, call The Law Offices of Dion J. Custis today at 307-638-2442 or 970-999-8835 or visit us online at https://www.custislaw.net/ to learn more.