Local Contractor Sentenced to 14 Months in Federal Prison After Firing Warning Shots Near Suspected Drug Dealers at Downtown Gainesville Apartment Property

Last week, Chief District Judge Allen Winsor sentenced 60-year-old Kenneth Wetherington to 14 months in federal prison after he pled guilty to possessing a firearm as a convicted felon. 

Wetherington was arrested by the Gainesville Police Department in November 2025 and he was federally indicted a few months later. 

In May 2026, facing up to 15 years in prison, Wetherington pled guilty and the sentence was left up to Winsor’s discretion. 

On August 4, 2026, Wetherington, an out of custody defendant, appeared in federal court for his sentencing hearing. 

Wetherington’s defense attorney asked Winsor for a sentence of strict probation, stating he is the provider for his teenage son and takes care of his elderly mother. 

Multiple family members sent letters of support for Winsor to take into consideration. Winsor indicated that some statements in the letters were inaccurate in arguing that Wetherington did nothing wrong. 

The defense attorney said there was some confusion as to what exactly Wetherington pleaded to and that it shouldn't reflect him not owning up to his actions. 

The federal prosecutor sought to enhance the sentencing guidelines by arguing Wetherington violated state law in the course of his offense by committing aggravated assault. The defense attorney didn’t appear to have reasonable grounds for objection, but emphasized that the circumstances of the incident should be considered. 

The defense attorney said the incident occurred in a high crime area at an apartment complex near the Checkers on University, which Wetherington managed. The defense attorney said Wetherington was having problems on the property for awhile and got into a heated confrontation with individuals he suspected of being drug dealers, who all left before law enforcement’s arrival. The defense attorney said that after some back-and-forth, Wetherington retrieved his pistol and fired warning shots into the ground, not intending physical harm. The defense attorney stressed that he wanted to show the circumstances of the offense, but wasn’t claiming it was justifiable or self-defense.

The criminal investigation found Wetherington was in possession of two firearms; a pistol that he pulled on the suspected drug dealers, and a previously stolen 12-gauge shotgun that was found in his residence.

There weren't any claims that Wetherington stole the shotgun himself, but the fact it was stolen appeared to increase the seriousness of his charges. 

Wetherington’s mother spoke at the hearing and said the shotgun was not operable, which was disputed by the prosecutor, as Wetherington possessed shotgun shells. 

“Prison doesn’t do anything except harm people,” Wetherington’s mother said. She stressed that her son was introduced to substances by his older brother when he was only 12, emphasizing the negative impact it had on his life.   

Wetherington’s girlfriend also spoke in support and said Wetherington is a good person and that local police are non-responsive to the problems on the property. She said she is personally scared when around the area. 

Wetherington’s girlfriend said that Wetherington is well known in Gainesville as a contractor and that he wanted to be protective of his tenants and property. 

The federal prosecutor said that Wetherington should have called the police instead of taking matters into his own hands. The prosecutor then acknowledged that Wetherington did call the police but said they didn’t respond in a time he felt was appropriate. 

The prosecutor asked for a “guideline sentence.” 

Wetherington gave a brief statement, saying the property is out of control and that he has been assaulted.

Wetherington said he only possessed the gun because of the threats. Wetherington then said he probably should not have said that and added that he was sorry.

After taking both sides’ arguments into consideration, Winsor sentenced Wetherington to 14 months in prison followed by three years of supervised release, of which includes one year of house arrest.

Winsor grilled Wetherington, stating he could have initiated a gunfight and that his actions were not in line with protection.

Winsor said he took a probation-only sentence into consideration but that it would be insufficient given the circumstances.

Winsor allowed Wetherington to remain out-of-custody until next month, ordering him to turn himself in by September 21, 12:00 p.m.