HOUSTON — A 17-year-old man was charged with littering after two Houston Police officers said he and his 18-year-old girlfriend allegedly tossed a loaded gun out of a car. The incident happened on Sunday afternoon in the 7200 block of Tobruk Lane.
According to police, Anthony Gutierrez was driving with his girlfriend Rosemary Flores, when Guiterrez allegedly committed a minor traffic violation.
Police said they were trying to pull the car over, but when Guiterrez saw the police car he allegedly told Flores to toss the weapon out the window.
Police pulled over Gutierrez who allegedly admitted to officers that he told Flores to throw the weapon out.
According to the Texas Penal Code, it’s a Class A Misdemeanor if anyone under the age of 18-years old is found carrying a weapon, and is punishable with up to a year in jail and a $4,000 fine
The officers retrieved the weapon and arrested both Gutierrez and Flores, and took them in to be processed into the jail.
Police contacted the Harris County District Attorney’s Office intake division, and were told a crime hadn’t been committed and that Gutierrez was abandoning the gun, KPRC reported.
To ensure the weapon was taken off the street, police charged the teens with littering, officials said.
On Wednesday, the Harris County DA’s office released the following statement:
“We have taken an additional look at this matter and today filed a charge against the 17-year-old driver of carrying a handgun in a vehicle, in this case, the violation being that the weapon was in plain view as opposed to being concealed. This is a Class A misdemeanor, punishable by up to a year in jail and a $4,000 fine.”