Staff report

GAINESVILLE, Fla. – Frank Anthony Hargitt, 63, has been sentenced to 90 days in jail with credit for 38 days served, followed by three years of drug offender probation, after pleading nolo contendere to aggravated battery with a deadly weapon and drug possession.

Gainesville Police Department officers responded to a report of a shooting in the 3200 block of SW 26th Way on March 28 at about 1:20 p.m. and found a victim with a gunshot wound in his buttock. The victim’s injuries were reported to be non-life-threatening.

A witness told officers that he heard one gunshot, ran outside, and saw Hargitt standing over the victim with a gun. The witness said Hargitt told him he didn’t intend to kill the victim but he was tired of being harassed.

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Another witness said Hargitt had left the house to go to the store, but he came back after about seven minutes, said “I shot him,” and put the gun on the couch.

Post Miranda, Hargitt reportedly said, “I didn’t want to kill him so I shot him low.” He said the victim had been standing on his front porch and had lunged at him; he then armed himself with a gun, chased the victim around the corner of the house, and shot him.

A charge of possession of a controlled substance without a prescription was added later after Hargitt reportedly admitted that he had “molly” in his pocket.

The plea agreement, signed by Judge Phillip Pena, states that the maximum sentence for the charges is 20 years in state prison; under the agreement, adjudication of guilt was withheld. Assistant State Attorney Rich Chang was the prosecutor in the case.