Intoxicated Port Charlotte Man Arrested After Waving Gun Near Childcare Center; Incident Triggered By Argument Over Trash Cans

At this time, the neighbor identified as 72 year old Marc Smith, began screaming and cursing at the children about not wanting to look at the trash cans over the weekend.
72 year old Marc Smith was arrested and transported to the Charlotte County Jail. He was charged with aggravated assault with a deadly weapon without intent to kill, improper exhibition of dangerous weapons or firearms, and using a firearm while under the influence of alcoholic beverages.

PORT CHARLOTTE, FL – On March 5, 2021 a 9-1-1 caller advised that a man was yelling and cursing at juveniles putting out trash cans in front of a Port Charlotte daycare, Sunny Day Academy, located on Muriel Avenue.

Two juveniles aged 9 and 11 were instructed to place the garbage cans by the road as an employee of the academy supervised. At this time, the neighbor identified as 72 year old Marc Smith, began screaming and cursing at the children about not wanting to look at the trash cans over the weekend. The children were advised by Marc to go get an adult.

The adult victim spoke with Marc and advised him not to speak with the children at the daycare. Marc became angry by this request and pulled a handgun on the victim. The daycare was placed on lock down at this time, as children where in the direct line of fire if the firearm were to go off.

According to police, Marc Smith continued to wave the firearm around in a rude, careless, angry and threatening manner after committing the aggravated assault. Therefore, he was additionally charged with Improper exhibition of a firearm. It was determined that Marc was intoxicated during the incident.


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Marc Smith was arrested and transported to the Charlotte County Jail. He was charged with aggravated assault with a deadly weapon without intent to kill, improper exhibition of dangerous weapons or firearms, and using a firearm while under the influence of alcoholic beverages.

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