Key West The Newspaper

New charges have been filed in the Duval Street shooting case and prosecutors want to put him back behind bars now — this time without bail. Derek Michael David, 34, was released on bail following a March 21st shooting that wounded three people.

The shooting happened at about 1:25 a.m. in the area of Rick’s Bar.  Surveillance video from the bar reportedly shows David at one point dragging a woman [his wife] down Charles Street and knocking her to the ground. Two men are seen running over to help before the suspect fires into the air and then reportedly opens fire on the men who were trying to defend the woman. They weren’t hit but three other people in the area were. Scott McBride, 54, was treated at Lower Keys Medical Center. Brenden Boudreaux, 35, was airlifted to Ryder Trauma Center in Miami. Ogden Reid, 27, was also airlifted. The victims are all reportedly in stable condition.

David was charged with:

• three counts of aggravated battery with a deadly weapon,
• two counts aggravated assault with a deadly weapon without intent to kill,
• one count of using or displaying a firearm while committing a felony
• carrying a concealed weapon [not having Florida permit to carry concealed firearm]
• resisting an officer of obstructing without violence

Based on the above charges David bonded out ten days after the incident [March 31, 2016].  The amount of bond was $482,500 according to the Monroe County Sheriff’s Jail Records Department based on those charges.

Last week prosecutors brought new charges including three counts of first-degree felony attempted second-degree murder.

David is currently charged with:

• three counts of first-degree felony attempted second-degree murder
• two counts of third-degree felony aggravated assault with a firearm
• first-degree misdemeanor discharging a firearm in public
• second-degree misdemeanor using a firearm while under the influence of alcohol
• second-degree misdemeanor violation of the concealed carry firearm statute
• first-degree misdemeanor resisting officer without violence

Prosecutors are now asking the Court to allow them to recapture David and detain him again pending trial, this time without bail.

David now faces more than 95 years in prison on the felony charges and 120 days in jail on the misdemeanor charges.

That was not the first time David had been drinking on Duval Street while “packing heat”. Last September police reportedly confiscated the same firearm from a drunken David who had been partying at Willie T’s on Duval Street.

It is unlawful to carry a firearm while intoxicated or enter into a bar with a firearm:

Florida Statutes: 790.06 License to carry concealed weapon or firearm.—

(12)(a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into:

12. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;

[David was not charged in that case.]

Prosecutors have filed a Motion asking the Court to have David detained without bail, the hearing is set for April 12 in Key West before Judge Miller.

In their Motion prosecutors described the prior incident as follows:

“While the officers were gathering more information from the defendant, he started becoming argumentative with the officers and not complying with their instructions… While interacting with the officers, the defendant discloses that he was carrying a firearm but had a concealed weapons permit. The officers, concerned with the defendant’s state of intoxication, removed the firearm from the defendant and took it into safekeeping for him to be able to retrieve the next day. On that night, the defendant was not cited for carrying the firearm into a bar or having it on his person while under the influence but he was advised by Officer Richardson not to be carrying his firearm when drinking and warned of the potential dangers involved when one is carrying a firearm and drinks — little was it known the dangers warned of would become a reality a mere six months later. The firearm the defendant was carrying that night was a Ruger semiautomatic .380 handgun, the exact same weapon he used in the instant case.”

David reportedly fired a total of four rounds in the March 21st incident that left three persons wounded.

In their Motion prosecutors argue that David poses a safety risk to the community and should be taken back into custody and not allowed an opportunity to post bail.

“Not only does he continue to fire as the men are running away but continues to do so even after his wife stands in his way attempting to stop him but the defendant simply raises his arm over her while he continues to fire additional rounds down Charles Street,” the motion states. “A second shot struck Scott McBride in the lower leg who was on Duval Street just in front of Irish Kevin’s with his girlfriend. A third shot struck Reid Ogden in the left forearm as he was on the sidewalk along Duval Street, just about to cross the intersection of Charles street. The fourth shot did not strike anyone but was found lodged in the display case in front of Irish Kevin’s.” 

“The defendant has already shown he is unstable and has complete disregard for human safety. The only way to ensure the community’s safety and alleviate the grave risk of physical harm is to detain the defendant.”

If Judge Miller decides not to order David detained without bail, prosecutors are asking the Judge to modify his current bail conditions to “reflect the severity of the offenses now formally charged.”

Hit the play button for 911 calls below:

Surveillance Video from Rick’s/Durty Harry’s with commentary below:

Read the full incident report here: Shooting on Duval March 2016.

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