Citing his wife’s 100-pound frame as part of his argument, the man who shot up Duval Street in March 2016 during a drunken argument is asking an appellate court to let him claim Florida’s Stand Your Ground defense.
Derek David, who says he has amnesia and a head injury from the events of March 21, 2016, in which he fired a handgun into bystanders off Duval Street, says he had a right to protect his petite wife from strangers she clashed with after a night of drinking.
“Never knowing what trouble lurks, Derek, as usual, carried his licensed firearm,” wrote attorney Benjamin Waxman, who reiterated his client’s story that he fired his gun only after being knocked to the ground and beat about the head.
His wife’s petite build, 5 feet tall and 100 pounds, factors into the argument, Waxman said. “Had she been relatively larger, she would have been better able to protect herself against the assaults [by several men] that were intentionally engaging her.”
David is charged with attempted second degree murder and remains free on bond as his lawyers persist in their self-defense argument.
David’s attorneys have filed an appeal with the Third District Court of Appeal, asking it to overturn Judge Wayne Miller’s ruling that he cannot claim Stand Your Ground, which allows someone to use force without retreating if he or she senses imminent threats, despite her testimony she was the problem that night due to her drunkenness.
“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 in February.
The night of the shooting, David fired his l.380 Ruger LCP handgun into Duval Street, hitting three men: Brendan Boudreau, Scott McBride and Reid Ogden, all of whom recovered from the gunshot wounds.
Boudreau is the only man the lawyers say was 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.
David, a stocky, tall Louisiana man, may have looked the part of the aggressor but Jodie David has said she was the instigator.
“It appears I’m having one of these episodes where I just get angry for no reason,” she testified in February about the video footage collected from the early morning incident.
Gwen Filosa: @KeyWestGwen