An Illinois man was sentenced to three years in prison after an open red plastic cup of beer he was carrying led to his arrest on a weapons charge.
According to an affidavit obtained by the publication, shortly before midnight on Sept. 5, members of the Decatur Police Department’s Community Action Team encountered Barbee carrying a cup of beer while they were on patrol in an area known for drugs and gun violence.
In the affidavit, Officer Clayton Zilz wrote he noticed the outline of what appeared to be a gun in Barbee’s sweatshirt pocket.
“During a Mirandized interview, Detrich advised he was carrying the handgun for protection and stated he had purchased the firearm a few months prior from a firearms store in Covington, Tennessee,” Zilz noted in the affidavit.
The officer said the semi-automatic handgun was loaded and Barbee was also in possession of a spare loaded magazine.
According to the Herald & Review, Barbee’s criminal record includes six prior felony convictions that prevent him from owning or possessing firearms.
The defendant was given credit for time served and must complete half of his three-year sentence before he is released.
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