O?Brien was represented in court by attorney Edwin Flowers.

Fortunately for O?Brien, the incident occurred on June 1, 2003, before the amendment to the Firearms Act came into effect, otherwise he would have been fined a minimum of $10,000.00 for each offence. The amendment to the Firearms Act, which provides for stiffer penalties, came into effect on January 5, 2004.

The facts of the case indicate that O?Brien was seen by two police officers taking the pistol out of the front of his pants and dropping it on the ground near the fence of Yarborough Cemetery.

Police corporals Castillo and Salam were on a mobile patrol in the area when they saw O?Brien and three other men get off the fence as their vehicle approached. The three men began to walk up the street, while O?Brien walked to the side of the fence and dropped the pistol on the ground in an attempt to hide it.

Corporal Castillo reported that when they searched the area, they found the pistol on the ground.

O?Brien was put inside the police vehicle, but he escaped before the vehicle could start.

Seven days later, on June 8, 2003, police went to a house located on Mahogany Street and apprehended O?Brien.

O?Brien was charged with escape, but the charge was dismissed after he pleaded guilty to the other two charges.