Monroe County State Attorney’s Office / Florida Keys prosecutors seeking convictions reinstated against a man who shot up a street in Old Town Key West two years ago

PLANTATION KEY, May 7, 2018 – Florida Keys prosecutors will seek to get convictions reinstated against a man who shot up a street in Old Town Key West two years ago, injuring three people, after his convictions were set aside May 7 due to a May 4 appellate court ruling.

Monroe County Circuit Court Judge Luis Garcia was set to sentence Derek David, 36, of Denham Springs, La., for his convictions on three counts of attempted manslaughter with a firearm, one count of aggravated assault with a firearm without intent to kill and five other misdemeanors. David faced nearly five decades in prison. Assistant Monroe County state attorneys Val Winter and Colleen Dunne represented the state.

But just before sentencing, at the request of defense attorney Donald Barrett, Garcia vacated the guilty verdicts a jury handed up on March 1, 2018.

On May 4, the 2nd District Court of Appeal ruled in another case involving a felony battery that the defendant should have been allowed to use Florida’s new version of the so-called Stand Your Ground law. That law allows people to defend themselves or others with force rather than choose to flee if they believe they are in imminent danger, thus qualifying for immunity from prosecution if they injure or kill someone.

In 2017, the Florida Legislature changed the law. Previously, a defendant had to prove in pretrial proceedings he or she was justified in using force. The amended law put the onus on prosecutors to show by clear and convincing evidence that a defendant is not justified to use a Stand Your Ground defense.

Derek David sought to invoke Stand Your Ground in his trial, contending he fired his .380 Ruger because he was protecting his wife, who had gotten into an altercation with two men. But then-Monroe County Circuit Court Judge Wayne Miller rejected it in February 2017, saying David’s argument didn’t hold up under the law based on the preliminary evidence.

Gov. Rick Scott signed the new version of the law, which put the onus on prosecutors, on June 9, 2017.

Barrett told Garcia May 7 that because David sought to use a Stand Your Ground defense before the law changed, David should get a new hearing using the new version of the law. Garcia, citing the May 4 appellate court ruling, agreed and set aside the convictions.

If a judge finds at David’s new hearing that prosecutors proved David didn’t need to invoke Stand Your Ground to protect his wife, David’s convictions would be reinstated and he would return to court for sentencing. If at that hearing a judge finds that prosecutors did not prove Stand Your Ground was not essential, all charges would be dropped. A new hearing has not yet been scheduled.

David has been in the Monroe County Detention Center with no bond allowed. May 7, Garcia set a combined $240,000 bond on three counts of attempted manslaughter and one count each of aggravated battery, improper exhibition of a firearm, discharging a weapon in public, using a firearm under the influence of alcohol, carrying a concealed weapon in a place that serves alcohol and resisting arrest without violence. Those were the original charges filed.

The background of the case:

Derek David, whom jail records say is a self-employed contractor, was staying on Sugarloaf Key with his wife Jodie David when the March 21, 2016, shooting happened. It was the end result of a physical and vocal argument between David and his wife due to Jodie’s drunkenness, according to Key West Police Department reports.

During their squabble on Charles Street, just off Key West’s main drag, Duval Street, two men, who were never identified, intervened and Derek David swung at one of them. That man then gave Derek David a beat-down and the other man punched David in the head, according to police reports and surveillance video from businesses.

Reports say the altercation then moved to Charles Street and Telegraph Lane, which runs parallel to Duval Street. Two other men, Trent Pauls and Brendan Boudreau, had shown up to watch. They then started walking toward Duval Street and at one point, according to video played at trial, Jodie David accosted Pauls.

Derek David testified he claimed his wife was being harmed, but prosecutors argued that the video disputes that. Video then captures Derek David pulling out his gun and start firing down Charles Street in the direction of Duval Street.

Boudreau, of New Orleans, was struck in his right thigh and then ran into Shorty’s Market on Duval Street.

Scott McBride from Daytona Beach was struck in his right thigh as he walked on Duval Street and then took cover at Irish Kevin’s bar.

Reid Ogden from Port Orange, Fla., was struck in his left arm as he and his girlfriend walked on Charles Street. They ran to Duval Street and ducked into Teasers adult club.

The three victims were taken to Lower Keys Medical Center for treatment of their gunshots.

After the shooting, according to reports, Derek David walked by the Smokin’ Tuna bar on Charles Street. A man named Kenneth Scott was walking out and David pointed the gun at him, according to police reports. Scott reportedly told David “don’t” three times and backed up into the bar. Derek David moved on.

Meanwhile, David Smith, a staffer at the Red Garter club, had heard the gunshots, opened the Charles Street door of the business and saw Derek David walking down the street with a gun in his hand, police reports say. Smith called 911 and gave police his description of David, then followed David onto Telegraph Lane toward Keno Plaza. A police officer arrived and when Smith pointed David out to him, David pointed the gun at Smith, Smith told police.

Other police arrived and after a short standoff during which David was Tased, he was taken into custody.

Contact: Public Information Officer Larry Kahn, (305) 289-2899.

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