A Monroe County judge Wednesday refused to jail the alleged Duval Street shooter but raised his bond to $582,500 and ordered him to stay away from alcohol -- along with any restaurant that serves it.
"And I mean no alcohol," Judge Wayne Miller told Derek David, 33, adding that he would be responsible for not ingesting anything that would cause a dirty urine sample.
"You're going to be limited to Wendy's, Denny's, Perkins, places like that," Miller said after a four-hour hearing at which prosecutors argued David is too dangerous to deserve to be free on bond awaiting trial for attempted murder and aggravated assault for the March 21 shooting in Key West that wounded three men.
David is accused of firing the gun into Duval Street after a drunken dispute with his equally drunken wife, who police say began fighting with two men who tried to separate the couple after allegedly seeing David shove her to the ground.
"Mr. David didn't go on a crime spree," defense attorney Donald Barrett said after laying the groundwork for a self-defense claim for his client. "It's a single incident. He didn't know the people involved, there's no angry feud."
Assistant State Attorney Colleen Dunne depicted the shooting as a chaotic crime in which a drunken David recklessly fired at people who had intervened when he was manhandling his wife.
One of the victims "actually ran out of his flip-flops," Key West police Detective Darnell Sealey testified for the state.
Wounded were Brendan Boudreau and Reid Ogden, both of whom were airlifted to a Miami hospital with a single gunshot wound each, and Scott McBride, who was treated at and released from Lower Keys Medical Center.
David also allegedly pointed his gun at two men as he walked away from Duval. Police arrested him after stunning him with a Taser.
David cannot raise Florida's stand-your-ground self-defense law as a defense because he was drunk during the shooting, Dunne said.
Although it wasn't captured on video, Barrett said his client was attacked by a man wearing a fedora and another wearing a baseball cap.
The "fedora hat guy," as Barrett called the unnamed man, knocked David down with a punch and kicked him while he was on the ground. Barrett cast his client as being knocked to the ground twice before realizing his wife was fighting with four men and only then pulled out his gun.
David, a Louisiana native who had been living on Sugarloaf Key for about a year, was taken into custody after Wednesday's hearing at the Freeman justice Center until court officials and his family sort out the bond.
While Dunne argued David has shown a pattern of mixing alcohol with carrying a gun, Barrett noted his client has no prior convictions.
Six months before the March 21 shooting at Charles Street and Duval, a police officer gave David a warning after finding him drinking and carrying a .380 handgun outside Willie T's bar on Duval.
"Alcohol and guns don't mix," Officer Curtiss Richardson is heard on police body camera video telling David on Sept. 15, a night David was angry his friend took his truck without permission.
"If somebody gets the best of you in a fight and they find that gun, very bad things can happen," Richardson told David.
No one was arrested that night, but David's wife, Jodie David, was handcuffed for a time after police found two Xanax pills in her purse.
Barrett on Wednesday called to the witness stand David's mother, his mother's boyfriend, a longtime friend and Jodie David, who each testified never before seeing David become violent or be reckless with a gun.
David owns an air conditioning and heating repair company, owns a house in Louisiana and has three children, ages 13, 12 and 11.
In the hearing, David was silent and dressed in khakis and a blue oxford shirt with a blue paisley print tie. He did, however, react emotionally, bowing his head slightly, when his mother, Ellen David, a police dispatcher who lives in Denham Springs, La., mentioned his three children.
Neither David nor Jodie David talked to police the morning of the shooting. Jodie David testified Wednesday that she doesn't remember several hours of the night due to drinking. She last recalls being at Caroline's restaurant, where she and her husband went to dinner at 6 p.m. March 20.
Joe "Weed" Clements told police he saw the Davids that night at the Hard Rock Cafe and described Jodie as "obnoxiously drunk," according to Sealey, the detective.
Bond isn't to punish someone who is only charged with a crime, Barrett said. "It's meant to ensure the defendant's presence in court. He's here today."
Since he posted the original $482,500 bond March 24, David has been living back home in Louisiana with his family, who said they drove nearly 20 hours to attend Wednesday's hearing.
Also as conditions of his bail, David must submit to weekly urine screens at his own expense, forfeit his concealed-carry permit issued in his home state of Louisiana and stay away from all guns.
Three days after he was arrested March 21, David posted $482,500 bond. His mother put in $40,000 and he sold his boat for $8,500. David, his mother and a friend each put up their homes as collateral.
Bondsman Alberto Vigil, though, said he trusted David not to jump bond because he was impressed with how supportive his family is and that his relatives include law enforcement officers.
Jodie David declined to speak with a reporter after Wednesday's hearing, as did Derek David's family.