Circuit Judge Charles Williams said Sarasota Police Sgt. Anthony Frangioni arrested Darren Kersey, 28, around 9:20 p.m. Sunday on a charge of theft of utilities for charging his phone in an outlet at the public picnic shelter at Gillespie Park, the Sarasota Herald-Tribune reported Tuesday.
Williams threw out the case Monday, saying Frangioni did not have the legal justification to arrest Kersey.
A police spokesman said officials are reviewing the case.
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