MISCONDUCT with WEAPON DISMISSED – State v. Mr. M. (DMC No. 5218) (West Mesa Justice Court CR05-00349MI): Mr. M. had been drinking with a friend at a bar when he went outside to lie down on bench. He passed out due to his alcohol consumption, and when his friend came over and begin slapping him in the chest, a gun he had in his holster on his hip fell onto the ground. A police officer witnessed this and Mr. M. was arrested and charged with misconduct involving a weapon. We were able to convince the Prosecutor that the gun was visible when he was standing inside the bar, and the fact that it was obscured only when he laid down did not fit the intent of the statute. All charges were dismissed.
