Witty v. State

OPINION

PARKS, Presiding Judge:

The appellant, David Wayne Witty, was charged and tried in the District Court of Tulsa County, Case No. CRF-83-1823, for the offense of Pointing a Firearm. He was convicted of the offense of Reckless Conduct with a Firearm, and was assessed a fine in the amount of Fifty (50.00) Dollars. We reverse.

The appellant is a Sand Springs police officer who was also employed as a security guard at K-Mart in Sand Springs. Witnesses for the State testified that on April 27, 1983, at approximately 5:30 p.m., the appellant was called to the layaway department of K-Mart to…