Derek David, the man who pulled out a gun and fired multiple gunshots in the direction of Duval Street, striking three people, was convicted on nine felony charges on Thursday.
A jury found David, a Lower Keys resident, guilty of felony attempted manslaughter, attempted aggravated assault, improper exhibition of a firearm, discharging a firearm in public, using guns under the influence and carrying a concealed weapon in an establishment that serves alcohol.
David was partying in Key West on the night of March 21, 2016, when an altercation broke out between David, his wife and several men on Charles Street just off Duval. David pulled a concealed .380 handgun from his pocket and began firing. Brendon Boudreau, Ryan Reid Ogden and Scott P. McBride were all hit.
Boudreau was hit in the right thigh as he ran down Charles to Duval. He ran inside a T-shirt shop and hid between clothing racks. The bullet entered just under his buttocks and exited near his groin area.
Scott McBride was vacationing from Daytona Beach with his girlfriend. He was also struck in the right thigh as he walked toward Irish Kevin’s.
Reid Ogden, was on a first date. They were strolling Duval in front of Charles Street when he was hit in the left forearm. The bullet also pierced his abdomen.
Defense attorneys argued David pulled out his concealed weapon and fired it in an attempt to protect his wife.
The jury deliberated for roughly three hours Thursday before finding David guilty of the nine felony counts.
The 911 call and surveillance video
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.