Judge denies motion to dismiss for Facebook photo of baby & gun - WSFA.com Montgomery Alabama news.

Man in court after posting Facebook photo of baby & gun

Domonic Gaines Domonic Gaines
COLERAIN TOWNSHIP, OH (FOX19) -

A Colerain man was in court on Tuesday after he posted a photo of himself on Facebook holding his 1-year-old daughter and a BB gun.

Domonic Gaines, 22, was arrested on January 27th after the incident, which occurred at his home on Suliner Drive.

According to reports, police initially believed that Gaines was holding a handgun in the photo. However, police say the gun in question turned out to be a BB gun.

The photo depicted Gaines holding his daughter, Paradise Gaines, along with the BB gun. Police say that the close proximity of the gun to the child created a substantial risk of physical harm.

Police say they found the BB gun at the residence after the arrest was made.

"It's really been blown out of proportion," said Gaines' father, Wilson Dykes.

Dykes claims that it was the baby's maternal grandmother who saw the photo and called the police.

Gaines was arraigned on January 28th for Child Endangerment charges. On Tuesday, he was in court for a motion to dismiss. However, the judge denied the motion.

Copyright 2013 WXIX. All rights reserved.

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