Q: Can you still be charged for stealing a gun with just witness statements since the gun was disposed of?
My boyfriend stole a gun from his friends place and he brought to my home. I told him to get rid of it because I did not want it in my house around my kids. He in returned threw it in the river by our house. My daughter, myself and my mom all witnessed him in possession of the gun. I am able to describe it in detail. He told us all not to say anything and he is very mean when you defy him. If we all write statements for the detective and turn them in can he still be charged even without the gun being present. He is also on State Parole.
A: Yes. Witness testimony is considered direct evidence that can be used at a trial to prove the Commonwealth's case. Of course, many witnesses lie, or are mistaken, so effective cross-examination of those witnesses plus the fact no gun is recovered, should increase the likelihood of a not guilty verdict.
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