Disabled man gun case is dropped

12.00.00am BST (GMT +0100) Thu 1st May 2008

A disabled Derbyshire man who allegedly threatened a group of teenagers with an imitation gun will not be prosecuted. The youngsters said they had stopped to help Michael Shaw, 67, from Ironville, with his broken down mobility scooter last September. They said he then brandished the weapon. Mr Shaw claimed he felt intimidated and so showed them the gun.

The charge, which carries a 10-year maximum sentence, was dropped after tests showed the scooter had no faults. A Crown Prosecution Service (CPS) spokeswoman said an engineering report undermined the teenagers' story.

Mr Shaw was charged on 27 September with possession of an imitation firearm with intent to cause fear or violence. At an earlier hearing at Derby Crown Court, Judge Michael Hamilton expressed his concerns over prosecuting an infirm man. The trial was scheduled to start on 30 April but was dropped at the last minute.

Mr Shaw did not attend the court as he was undergoing treatment for heart problems. Mr Shaw bought the handgun over the internet six weeks before the incident. He has now agreed to sign the weapon over to Derbyshire Police.