A lack of video and photographic evidence led to the acquittal last week of an Afton man who had been charged with illegally operating an airstrip within city limits.

A Washington County jury on Feb. 7 also dismissed five misdemeanor charges against Jeffrey John Walker, 58, which alleged he had violated city ordinance by illegally landing and/or taking off in an airplane on his property on four occasions in April 2021 and once in October 2021; the landing and taking off of all aircraft is prohibited in all districts within city limits of Afton.

An eyewitness who had video and photographic evidence of the alleged airplane activity was not able to testify in court on Feb. 7 because he was out of town, said City Administrator Ron Moorse.

The man thought he would be called to testify on Feb. 6, but the trial did not start until Feb. 7, Moorse said. “He had to be out of town on Tuesday, and apparently our attorney was not aware of that,” Moorse said. “By the time he became aware of it, the jury was already sworn in, and that meant the trial had to move forward within a 48-hour period. Because of that, we were not able to put the video into evidence.”

On Oct. 3, 2021, neighbors called the Washington County Sheriff’s Office to report that a yellow plane with a red midsection was seen landing on Walker’s property around 3:48 p.m. and taking off around 3:52 p.m. On four separate dates in April 2021, neighbors had called the sheriff’s office to investigate reports of small planes landing on and taking off from the property at 1022 Indian Trail S., according to court documents.

A sheriff’s deputy testified during the trial on Feb, 7 that Walker “had admitted that there was an airstrip on the property,” Moorse said.

Moorse said Monday that the city must abide by the jury’s decision — even if city officials don’t agree with it.

“There’s an airstrip there, and it’s not allowed,” he said. “It’s a violation. The defense attorney argued that because there was no evidence of a plane on the ground on the airstrip, there was no violation. The city’s attorney argued that the existence of an airstrip itself was a violation, but apparently the jury made the determination that the lack of evidence actually showing a plane on the ground was sufficient for them to decide there was no violation.”

Walker’s attorney, Joseph G. Vaccaro, did not immediately return a phone call seeking comment.