On Wednesday Judge Wayne Miller opted to allow alleged Duval Street shooter, Derek Michael David, 34, to return to freedom back in his home state of Louisiana. Miller did however increase his bail by $100,000 to $582,500 and set specific conditions on David’s right to remain free pending trial.
The shooting happened on March 21st at about 1:25 a.m. in the area of Rick’s Bar. Surveillance video from the bar [see below] shows David dragging his visibly intoxicated wife, Jodie Marie David, down Charles Street and apparently knocking her to the ground. A man wearing a hat is seen running towards the couple, presumably in order to come to the aid of Jodie David, and a fist fight between Derek David and the man ensues. Another man, apparently a friend of the first, comes up behind. The fight continues as they head down Charles Street toward Telegraph Lane.
Two other men, identified as Brendon Boudreau and Trent Alexander Pauls, take an interest in the fight and are seen following the group down Charles Street. The fight between the first two men and David eventually breaks up and all six head back up Charles Street towards Duval with the two men who had initially intervened in the lead. Jodie David is seen walking ahead of her husband, exchanging words with Boudreau and Pauls. An argument ensues between Jodie David and the two men. Jodie David is seen hitting Boudreau. She and the men continue arguing. She takes a swing at Pauls and the three continue to argue as they move closer to Duval. The video shows Derek David, who is lagging several hundred feet behind, take out his Ruger .380 handgun, and fire it into the air. Moments later, David begins firing in the direction of Boudreau and Pauls who are seen running away toward Duval Street. David reportedly fired a total of four rounds that left three persons, including Boudreau, wounded.
KWPD Officers Commended
Police officers arrived on scene within minutes, finding David on nearby Fitzpatrick Street with the help of a local bar employee. Police ordered David to drop the gun and get on the ground but he refused to obey the order. Officers were able to use a Taser to gain control of David and take him into custody without further incident. [The officers and the entire Key West Police Department were commended this week by the City Commission for the high level of professionalism shown in handling the situation, recognizing that “lives were likely saved, and the suspect was apprehended without loss of life.”]
Prosecutors laid out multiple charges including three counts of aggravated assault with a deadly weapon without intent to kill. Bail was set at $482,500 and David was released, after posting bail, from the Monroe County Detention Center.
Initial reports stated that David had presumably been firing at the two men who had initially intervened, however a careful study of the surveillance video shows that David began firing after those two men were well on their way and while his wife was involved in an altercation with Boudreau and his companion Pauls. The two unidentified men who had intervened initially were not shot and, as of the hearing on Wednesday, police were still trying to determine their identities.
Prosecutor’s now allege that Brendon Boudreau, 34, Ryan Reid Ogden, 27, and Scott McBride, 54, were shot by Derek David during an altercation involving David’s wife. New charges have been added including three counts of first-degree felony attempted second-degree murder. David faces a maximum of life in prison and a minimum of 25 years on each count of attempted second-degree murder.
Wednesday’s hearing was held to determine whether the Judge would allow the State to again take David into custody and, this time, to keep him behind bars pending trial or, in the alternative, to increase the amount of bail in light of the new more serious charges.
Assistant State Attorney, Colleen Dunn, argued that David poses a safety risk to the community and should be taken back into custody and not allowed an opportunity to post bail.
In her Motion she wrote:
“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.”
Judge Miller declined to put David back behind bars pending trial but added specific conditions on the new bail which he also increased by $100,000. Some of those conditions are as follows:
- Forfeit his Louisiana concealed carry firearm permit and sign an affidavit stating he will not apply for a new one or argue that his current permit was lost or stolen
- Prohibited from drinking alcohol and must submit to bi-weekly to urine testing [Any “diluted samples” will be considered a violation]
- No access to firearms whatsoever, no firearms stored in home or vehicle allowed
- Prohibited from entering any establishment that serves alcohol, including restaurants
- Sign affidavit stating he will not oppose extradition from Louisiana if he violates conditions of bail
David’s attorney, Don Barrett, argued that David’s appearance at the hearing demonstrated that David can be trusted to come back to Key West for court proceedings. David had lived in Sugarloaf for about a year prior to the incident but returned to the Baton Rouge area after posting bail. David’s wife, his mother, and his mother’s boyfriend all testified that David is not a violent person and has no history of domestic violence. David’s mother is a police dispatcher in Louisiana and her boyfriend is a Baton Rouge police officer.
Barrett argued that the couple had not been fighting that night, that Jodie David had been extremely intoxicated and had been falling down on her own. He claims that the couple was attacked by the other men involved. Barrett made it known during the hearing that he is preparing a Stand Your Ground defense. Dunne argued that the Stand Your Ground law can not be used as a defense in this case due to a 2014 amendment that disqualified the use of the law if it can be proven that the Defendant was in the act of committing a crime when the use of force occurred. It is a crime in Florida to fire or even carry a gun while intoxicated.
David Smith, a Red Garter Saloon employee, who also received a commendation from the City Commission this week, waited a few minutes after hearing several loud pops and went outside to investigate. He is seen in the video as he is speaking on his cell with a 911 dispatcher. Smith took great risks by following David in order to help officers quickly locate their suspect. At one point Smith is heard on the 911 audio screaming at David to stop pointing the gun at him.
Just moments earlier, Kenneth Scott, a Smokin’ Tuna Saloon bartender, is seen in the video opening a door onto Charles Street to see what’s going on when he is suddenly sees David pointing a gun directly at him. Scott quickly ducks back inside.
Hit the play button for 911 calls below:
The first 911 call about the incident:
911: Key West 911. What is the address of your emergency?
Smith: Ah… Telegraph and … Charles Street. I got a white male. He’s wearing a green polo shirt. He’s shooting a gun.
911: White male in a green polo shirt shooting a gun?
911: What does the gun look like?
Smith: He’s a big guy, probably about 6’1″ – 6’2″, about 300 pounds – 280 – 300 pounds, green polo shirt, tan khaki shorts. He’s right now approaching Telegraph and Greene.
911: Approaching Telegraph and Greene?
911: Alright. Has anyone been hit?
Smith: No, he’s pointing up in the air and shooting it.
911: O.K. Pointing up in the air. Alright. And what type of gun is it
Smith: It’s a little type of pistol is all I can see. Now he’s heading down Fitzpatrick.
911: Now on Fitzpatrick? Which way on Fitzpatrick?
Smith: He’s going towards Front Street.
911: Front Street. Do you still have eyes on him from a safe location?
Smith: Yeah, I still got eyes on him.
911: O.K. Alright. My partner is putting it out over the radio right now.
911: Alright, so he’s on Fitzpatrick right now?
Smith: Yeah, I see ____ right now.
911: Has he hit Front Street yet?
Smith: Nope not yet.
Smith: The police officers just pulled up.
911: Next to him?
Smith: Hey fucker! Pointing shit at me! The fucker pointed a gun at me! That’s him!
911: O.K. I’m disconnecting. Thank you.
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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