SEBRING — A convicted felon who reportedly removed a plastic toy gun from his pocket during an argument involving the victim’s wife May 18 faces a charge of aggravated assault with a deadly weapon without intent to kill, authorities said.
Justin Andrew Serva, 32, 3625 Hoyt Ave., Sebring, reportedly scared the victim and his wife, who thought the gun was real, a Highlands County Sheriff’s Office report states.
Serva and the victim reportedly had two altercations that day in two different places, authorities said. They first met outside a store, and when the victim reportedly confronted Serva about him texting his wife he pulled out the toy gun from his pocket, the report states.
The victim told authorities he was afraid he might get shot and started punching Serva, who dropped the toy gun on the ground and rode off on his motorcycle, the report states.
After the second altercation, the deputy, who had been trying to interview Serva, got his statement.
Serva told the deputy he was trying to get a cigarette from his pocket while the victim was punching him and the toy gun fell out, the report states. He said he didn’t pull a hand gun.
Authorities found the toy gun where Serva had reportedly dropped it. It had the “appearance of a real handgun,” the report states, and created a “well founded fear” in the victim.