Subscribe | UPI Odd Newsletter Subscribe SARASOTA, Fla., Nov. 13 (UPI) -- A Florida judge said a police officer did not have the authority to arrest a homeless man for charging his phone at a public picnic shelter. 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. Advertisement 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. Read More On any night, 76,000 veterans are homeless Homeless man scams Disney 26 times Homeless man delivers baby at rest stop