Staff report
ALACHUA COUNTY, Fla. – On the night of October 4, David Brotherton Cunningham, 39, and Nicholas Dean Kirkland, 44, were taken into custody for night hunting and drug possession. Additionally, Cunningham faced charges for possessing firearms during the commission of a felony.
Around 10:47 p.m., an officer from the Fish and Wildlife Conservation Commission (FWC) was patrolling County Road 325. The officer noticed a pickup truck directing a bright white light into the woodline on both sides of the road, which could potentially reveal the presence of deer.
The officer noticed that the truck was pulling a trailer without working rear lights, and he conducted a traffic stop.
Upon questioning, the truck’s occupants informed the officer about firearms inside the vehicle. The officer then asked Kirkland, who was in the passenger seat, to step out, conducted a pat-down, and detained him. He proceeded to request Cunningham to exit the vehicle and also conducted a pat-down search on him.
With an Alachua County Sheriff’s Deputy providing backup, the officer reportedly discovered an AR-15 pistol, two AR-15-style rifles, three 9mm handguns, a loaded AR-15 magazine, and miscellaneous ammunition and magazines within a box. The search also reportedly uncovered a spotlight and a bag containing a substance that tested positive for methamphetamine.
Kirkland allegedly acknowledged shining the spotlight into the woods and “boasted” about its brightness. After being Mirandized, he reportedly admitted to using the spotlight and being aware of the firearms in the truck.
A search of Kirkland, incident to arrest, reportedly produced a small baggie of cocaine.
While Cunningham was being booked into the jail, cocaine was reportedly found in his wallet.
Cunningham is charged with night hunting, possession of a controlled substance, possession of a firearm during the commission of a felony, and introducing contraband into a detention facility. He has five misdemeanor convictions (including one for a violent offense), and Judge Craig DeThomasis set his bail at $4,000.
Kirkland has been charged with night hunting and possession of a controlled substance. He has six misdemeanor convictions (two violent), and Judge DeThomasis ordered him released on his own recognizance.
Articles about arrests are based on reports from law enforcement agencies. The charges listed are taken from the arrest report and/or court records and are only accusations. All suspects are innocent until proven guilty in a court of law.
