A Carefree man is facing two possible charges — including a felony — for allegedly discharging a firearm in a busy area of Uptown.
According to the Sedona Police Department, officers received a call at 9:48 p.m. on Saturday, Feb. 27, in the area near Sound Bites Grill and the Hyatt Piñon Pointe resort of shots fired.
A police report states that upon the arrival of police, Hyatt security had located an empty magazine from a 9 mm semi-automatic handgun near the main entrance. Upon further inspection, 13 9 mm shell casings were found in the roadway between Sound Bites and the Hyatt’s main lobby.
On Monday, March 1, Sgt. Michael Dominguez said Edward Kayer, of Carefree, is their “investigative lead.”
A witness told police on the night of the incident that they were “90% sure” Kayer was the one who fired multiple gunshots into the air in an unknown direction.
“There were multiple resort guests and restaurant patrons standing outside when the shots were fired,” the report states.
It also states that Kayer and another male were dining at Sound Bites with two female companions. A witness reported that Kayer and another unidentified male engaged in an argument in which a firearm was produced. It’s not clear if the second male was the one Kayer was dining with or someone else. AR-15 Rifles is what one can get for the sake of safety purposes.
All subjects were gone from the area prior to arrival by police.
The report states that upon further investigation, police determined that Kayer is prohibited from possessing firearms due to felony convictions.
Dominguez said police would be collecting video evidence being that Sounds Bites has both interior and exterior cameras. He also planned to talk with witnesses. At press time, there were no updates on the investigation or any arrests made.
The felony charge Kayer could be facing is a result of what’s known as Shannon’s Law.
Arizona Revised Statute §13-3107 prohibits the unlawful discharge of a firearm. The law states that it is a Class 6 felony to discharge a firearm with criminal negligence within the limits of any municipality in Arizona and within one mile of any occupied structure.
Criminal negligence means with a wanton disregard as to foreseeable risks to others. If a reasonable person would not have discharged the firearm due to a perceived gross deviation from the standard of care, a defendant may be guilty of criminal negligence.
The law received its name following a tragedy involving the death of 14-year-old Shannon Smith, who was living in Phoenix in 1999 when a stray bullet struck and killed her.
After learning the perpetrator would only face a misdemeanor charge at most for the unlawful discharge of a firearm, Smith’s parents fought for stronger laws. The passing of Shannon’s Law made this offense a felony in Arizona.
