Exclusive: Cape father released from jail, state not filing criminal gun charges
Photo: Video by fox4now.com
FORT MYERS, Fla. - A Cape Coral father is relieved tonight after learning the state isn't filing charges against him for bringing guns to a school campus. The state filed what's called a no information, meaning Pearson wont be charged with a crime.
Just released from jail, Pearson is speaking exclusively to Fox 4.
For Kenneth Pearson, the past three weeks away from his two boys have been heart-wrenching. Only Fox 4's cameras were rolling, when he called his sons to say he's out of jail.
Pearson was released just before midnight on Tuesday.
"I'm ecstatic," Pearson said. "The only thing I care about in the next day, 24 hours, three, four, five days is seeing my kids. That's my number one goal."
On August 26th, police arrested Pearson for having a pistol and revolver in the car at Oasis Charter school in Cape Coral. He was there to pick up his eldest son. According to the police report, the guns were in a fanny pack in the glove compartment of Pearson's car. He told Fox 4 in an earlier interview, that the guns were there because he was on his way to the Cape Coral Police Department to drop them off for safe keeping. He says his wife, Shay, knew that. Before he arrived, she told officers she was concered for her safety because her husband had guns.
"It's a mistake that i didn't think about," said Pearson. "They were in my car. I was picking up my kids taking them to lunch."
Pearson bonded out the next day but ended up back in jail for violating a restraining order by texting Shay.
"Unbelievable that she's going to the extent of calling the cops," added Pearson.
On Tuesday, the State Attorney's Office said it won't be filing felony gun charges against Pearson because the school district hasn't published a clear policy.
"There's a real question, as to whether it's illegal in the charter school system to have a weapon in a car," said Rene Suarez, Pearson's attorney. "It's clearly their intent to not make it legal. It's not spelled out anywhere."
"What are you most looking forward to?" Sarann asked Pearson. "Hanging out with my kids," Pearson said. "Spending time with them, whether it's an hour or two hours or whatever we can get out of it for right now."
For now, communicating by phone will have to do.
"I just can't see you til next week, when the attorney's sort everything out," Pearson told one of his sons by phone. "I'll call you later. I love you. Ok, bye buddy."
While the injunction is still in place, Pearson can only communicate with his kids electronically. He still faces a misdemeanor charge for violating the protective order. His next court date is September 24.