A nightclub security guard was cleared of gun charges Friday after two juries failed to convict him, the Public Defender’s Office said Tuesday.
Xavier Johnson faced up to a year in jail on misdemeanor charges of possession of a concealed weapon and possession of a loaded gun, Public Defender's Office spokeswoman Tamara Barak Aparton said in a statement.
Johnson was arrested Aug. 4, 2012, after his first night at work at a now-closed nightclub called Shine that was located at Mission and Washburn streets.
Johnson was working the door when a man dressed in white from head to toe, with an entourage of about 20 people, tried to enter the nightclub. Johnson reportedly tried to stop the man dressed in white because he was wearing a hat that violated the club’s dress code, Aparton said.
After a discussion with the manager, the man was allowed to enter but Johnson turned away one member of the entourage who turned out to be a 17-year-old boy with no identification.
This further angered the white-clad man, who reportedly threatened to shoot Johnson and said he would be waiting for him after the club closed.
Management reportedly let the minor in, but Johnson was still worried about repercussions so he “retrieved his lawfully owned gun” from a friend’s car and concealed it under his shirt, Aparton said.
At the end of the night, the man dressed in white was reportedly parked nearby. And after Johnson was paid by the club’s promoters, the man in white drove away.
A police sergeant testified during the trial that the man dressed in white was a known pimp.
While the club was closing, a resident above the club called 911 and said he saw a man displaying and taking pictures with a gun, Aparton said. When police responded, they arrested Johnson.
During the trial, it was shown that the caller’s description of the weapon and Johnson’s clothing were inaccurate, Aparton said, and no witnesses or pictures supporting the report’s account were presented as evidence.
Johnson testified that he did not consider calling police because he feared it would put him and his family at risk.
Public Defender Jeff Adachi said prosecutors’ decision to try Johnson twice was a waste of taxpayer money.