Deputies said the weapon
fell out of the gun owner’s holster while he was walking through the
dining room of the Cracker Barrel in Sanford.
Deputies said William Hoback was talking to the checkout counter when his gun slipped out of his holster and fired.
Three people were hit by the shrapnel, including a restaurant manager and Hoback’s fiancé.
The third victim’s leg was badly cut and he had to go to the hospital.
customer told detectives he was eating his breakfast when he heard a
loud bang, which was followed by a sharp burning pain in his left shin.
After Hoback realized what had happened, he apologized and explained it was an accident.
Deputies agreed, so he was not charged.
shooting doesn’t appear to be intentional and the conduct doesn’t
appear to be so reckless that it would support the charge of criminal
negligence,” said WFTV legal analyst Bill Sheaffer.
Sheaffer said even though the shooting doesn’t rise to the level of criminal negligence, the victim could file a civil lawsuit.