A Homewood man being prosecuted in federal court on charges of illegally carrying a gun is trying to get the case dismissed, saying police did not have cause to stop him and pat him down after a shooting call last August.
City police said Diontai Moore was carrying a 9mm pistol in Homewood after midnight on Aug. 25, 2013, after they responded to reports of shots fired and then got into a fight with Mr. Moore that required the response of backup units.
As a convicted felon, Mr. Moore isn’t allowed to have a gun, and in April a federal grand jury indicted him. He has since claimed the police had no cause to stop and search him, but in a response filed last week the U.S. attorney’s office said city officers acted on reasonable suspicion.
After spotting what looked like a gun in Mr. Moore’s waistband, officers said they asked him what it was and he began to backpedal away as if to run. The officers said that as they patted him down, Mr. Moore grabbed the gun, started throwing punches to fend them off and then threw the weapon on the ground. After a long struggle, police subdued him and recovered the pistol.
Mr. Moore faces trial in U.S. District Court in October.