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FSPD: Man arrested for terroristic act after allegedly firing gun

Police say that field sobriety tests revealed signs of intoxication.

FORT SMITH, Ark. — A Fort Smith man was arrested in the early morning hours of Dec. 23 after allegedly firing a gun into the air while believed to be intoxicated.

Brandon Espinoza, 25, was arrested by the Fort Smith Police Department (FSPD) for DWI, refusal to submit to a breath or chemical test, and terroristic act.

A release from FSPD says that around 2 a.m. officers patrolling the area of North 11th and Garrison Avenue observed a disturbance involving multiple people in a parking lot. A black Ford F-250, driven by Espinoza, was at the scene. 

Espinoza then was observed discharging a firearm into the air before attempting to flee, the release said. 

The release said that a traffic stop was conducted and Espinoza was arrested without incident. A handgun was recovered from the vehicle and a spent shell casing was recovered at the scene. 

Police say they believe Espinoza was intoxicated.

"Further investigation at the scene and subsequent field sobriety tests revealed signs of intoxication," the release said, adding that Espinoza failed to comply with breath test procedures.

No bond has been set for Espinoza. He has a court date scheduled for Dec. 28 in Sebastian County.

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