A gun owner in Florida who was charged last month with aggravated assault with a firearm for allegedly pointing a gun at a teen who took part in a “ding dong ditch” prank at his home is no longer facing the threat of criminal prosecution.
The Palm Beach County State Attorney’s Office decided this week that, “although there was probable cause to make an arrest, the evidence cannot prove all legally required elements of the crime alleged and is insufficient to support a criminal prosecution.”
The news came as a huge relief for Santiago Cairo, who maintains that he believed the 14-year-old and his buddies were attempting to break in to his home. Cairo’s attorney, meanwhile, says video evidence shows his client never pointed his gun at the teen in the first place.
Cairo had been renting his home in the West Boca neighborhood for a little over a year. Prior to the incident, he said, he had concerns about security following car break-ins and neighbors having their doors kicked in. He said he purchased an advanced fingerprint lock for himself and a neighbor as well as an AI-powered camera system for all of his windows. That October evening, while walking his dogs, he said, the camera system sent his phone an image of what appeared to be a dark figure holding an object outside of his door, leading Cairo to grab his gun and call 911.
After his arrest, Cairo’s attorney, Luis Cartaya, provided prosecutors with surveillance video showing that his gun, which was equipped with a flashlight and laser, was clearly “pointed in a downward position at all times,” Cairo said.
“Mr. Cairo never pointed the firearm at the individual,” Cartaya told the Sun Sentinel in a text. “I sent these over to the State along with some facts supporting our position and I think they realized they had to ‘No File’ the charges. I’m glad I was able to help Mr. Cairo through this process as I felt he was wrongfully accused and his life was turned upside down.”
The 14-year-old detained by Cairo claimed that the gun owner had pointed his pistol at him, but it sounds like that was clearly contradicted by the surveillance video Cario and his attorney provided to prosecutors. Honestly, I’d like to see the teen charged with filing a false police report or obstruction of justice for lying to cops, but I doubt that will happen even though Cairo says his name and reputation has been unfairly smeared because of his arrest.
Though Cairo’s been cleared of all charges, he’s still not able to legally possess any firearms at the moment. That’s because shortly after his arrest the Palm Beach County Sheriff’s Office used Florida’s “red flag” law and filed a petition for an Extreme Risk Protection Order. After an ex parte hearing in which Cairo was not allowed to testify or present evidence in his defense, a judge granted a temporary ERPO and deputies confiscated all six of Cairo’s legally-owned firearms.
According to the South Florida Sun-Sentinel, a hearing on an ERPO order that would last for twelve months is scheduled for December 4. While it would be easy to assume that the request will be denied now that Cairo isn’t facing any charges, that’s not necessarily the case. If a judge decides that Cairo poses a “significant danger” because of his gun ownership, that one-year order could be granted. No conviction is necessary for a judge to make that determination. Cairo’s arrest, even without prosecution, could be seen as enough evidence for the judge to grant the request by the sheriff’s department.
Based on the Sun-Sentinel’s reporting, that would be an absolute travesty. Cairo believed his home was being targeted for a break-in. He responded, not with lethal force, but with caution and restraint. The video shows that he had his firearm for his own protection, but never pointed it at the teen, either before or after he called 911 to let police know he had caught one of the kids lurking outside his home. He did nothing to show he’s a danger to himself or others. Quite the opposite, as a matter of fact. Now that the criminal charges against him have been dropped, a judge should deny that request for a year-long Extreme Risk Protection Order, tell police to give Cairo his guns back, and let him get on with his life.
Editor’s Note: Second Amendment advocates are doing everything they can to protect our Second Amendment rights and right to self-defense.
Help us continue to report on their legal and legislative efforts.. Join Bearing Arms VIP and use promo code FIGHT to get 60% off your VIP membership.
Read the full article here
