A Florida Keys judge Thursday refused to dismiss attempted murder charges filed against Derek David, who last March fired into bystanders on Duval Street and injured three strangers, and ruled David was drunk at the time.
Judge Wayne Miller didn’t buy the stand-your-ground argument by David’s attorneys during a day-long hearing Feb. 9 in Key West where David testified he wasn’t drunk when he fired the .380 Ruger he carried in his back pocket.
He swore he was only defending his drunken wife, who had become entangled with two men after a night of dinner and drinks, and asked for a Stand Your Ground ruling that would end the criminal case.
“The only danger of injury [the wife] faced that evening was her close proximity to [two bystanders] at the time Defendant discharged his weapon,” Miller wrote in a stinging 18-page ruling.
On March 21, 2016, David fired his handgun into Duval Street, hitting three men: Brendan Boudreau, Scott McBride and Reid Ogden, who all recovered from the gunshot wounds.
None of the men were involved in the fight that erupted between the Davids and two unidentified men, who David said mistakenly believed he was pushing his wife down when he was trying to help her get up.
Miller called David’s testimony “inconsistent” in several instances, including his claim that he felt nothing from four margaritas he downed at Caroline’s before hitting a couple of bars.
Also, the judge wrote, David denies ever shoving his wife despite it being “obviously did a number of times as portrayed on the video.” A reasonable person would not have acted the way David did considering the facts brought before the court so far, Miller decided.
David’s legal team presented an emergency room physician who testified about how a head injury could cause the amnesia David claims he has from that night. After his arrest, David refused medical treatment and told police several times he had “his a-- kicked by young punks,” Miller wrote.
David “never complained about headaches, never fell asleep, never complained of nausea or dizziness,” Miller wrote.
But the gunman did complain about the Key West police, accusing them of violating his rights and threatening to sue them, the judge noted. As a couple hours passed, though, David “appeared to sober up,” and was cooperative and even humble.
The Davids, of Denham Springs, La., were living at the time on Sugarloaf Key.
Gwen Filosa: @KeyWestGwen