FORT PIERCE, Fla. (CBS12) — Two 25-year-olds are facing misdemeanor charges after deputies say they drank alcohol while firing a shotgun, rifle and handguns in a Fort Pierce residential neighborhood.
No one was hurt, but a neighbor who called 911 told CBS12 News he feared someone was being shot when he heard what he described as a “barrage” of gunfire Saturday night.
The St. Lucie County Sheriff’s Office says deputies responded around 9 p.m. Sept. 12 to the 5100 block of Happiness Street after reports of people actively firing guns.
Deputies identified the two people as Tiffany Rose Lindo and Jacob Robert Mills.
Investigators say the pair fired multiple weapons, including a shotgun, rifle and handguns, into the ground. Deputies also said both had consumed alcohol before and during the incident.
The neighbor who called 911 spoke with CBS12 News but asked that his face not be shown.
“I heard two gunshots,” he said. “And then I heard a barrage of AR-15 rounds, then shotgun, and then a barrage of AR-15 rounds again.”
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He said he couldn’t tell where the bullets were going or exactly what was happening roughly 300 feet away.
“It kind of freaked me out a little bit, just not knowing what direction or where they were shooting,” he said. “Wood and drywall don’t stop bullets.”
The concern was especially personal. The neighbor said his 5-year-old son stays with him every other week.
“The bullets could’ve came through the wall and hit my son,” he said.
Why are the charges misdemeanors?
Lindo and Mills were each arrested on charges of discharging a firearm in a public or residential area and using a firearm while under the influence of alcohol.
Despite the potential danger described by the neighbor, both charges are misdemeanors under Florida law based on the allegations announced by the Sheriff’s Office.
CBS12 News asked Fort Pierce criminal defense attorney Brian Mallonee why the alleged conduct does not automatically result in a felony.
“You’d have to ask your lawmakers that,” Mallonee said. “That would be a question for the guys in Tallahassee.”
Mallonee explained that Florida’s firearm-discharge law includes specific circumstances surrounding where and how a gun is fired. The size of a property and density of the surrounding residential area can matter, but he said negligently or recklessly firing a weapon can be illegal regardless of property size.
The firearm-discharge offense can be a first-degree misdemeanor, punishable by up to one year in county jail. Mallonee said any eventual sentence would depend on factors including a defendant’s prior record and how reckless or negligent the conduct was.
Florida also separately prohibits using a firearm while impaired by alcohol or certain controlled substances. That offense is a second-degree misdemeanor, which can carry up to 60 days in jail.
Mallonee said allegations involving alcohol could also factor into questions about whether someone’s handling or discharge of a firearm was negligent or reckless. However, prosecutors would still have to prove the elements of the charges.
More serious allegations could potentially lead to different charges if a bullet struck a home, vehicle or person, Mallonee said.
In this case, the Sheriff’s Office said no one was injured.
The neighbor said that’s what matters most.
“If you’re gonna be drinking, don’t touch a gun,” he said. “Because you don’t know where the bullet’s gonna end up.”
Lindo and Mills are presumed innocent unless proven guilty in court.