FLORENCE COUNTY, SC – Two pilots for the Lake City Police Department face felony charges but their attorney says it’s all a misunderstanding.

Dusan Fridl and Hemming Hemmingsen were arrested back in April, and now their attorney has filed a motion to dismiss the charges.

Florence County records show Fridl was charged with trespassing and Hemmingsen was charged with unlawful entry of an aircraft and damaging or removing equipment.

Documents show they helped the Lake City Police Department get a helicopter through a military surplus program.

The department was hoping to start an aviation division. Then, the Florence County Sheriff’s office heard about it.

The pilots’ attorney Patrick McLaughlin says the Sheriff’s office showed no interest in the air unit Fridl, Hemmingsen and the Lake City Police Department was putting together and wanted to create their own.

“Apparently Florence County Sheriff’s office did not like the idea of a competing air unit and pressure was applied to Lake City Police Department to give up their helicopter,” said McLaughlin.

He goes on to say the Lake City Police Department gave in to the pressure.

So, in April, documents say the two pilots flew the chopper to get it ready for the sheriff’s office.

A few weeks later, they were arrested for that flight, accused of illegally using the helicopter.

The question is who owned it on that day back in April?

According to the motion, the sheriff’s office thought they did. However, McLaughlin says Lake City still owned it.

The answer could determine whether these felony charges stick.

Major Mike Nunn with the Florence County Sheriff’s office says either way, he cannot comment.

“I am ethically prohibited to speak about this because it is a case that is pending prosecution. For me to comment would be inappropriate since the case is still pending,” said Nunn.

News 13 also reached out to the Lake City Police Department, but we have not heard back.

For now, the pilots will have to wait and see what happens with the motion. Count on News 13 to keep you updated as this story develops.