State prosecutors want a judge to lock up the suspect in the recent Duval Street shooting until a trial – now over attempted murder charges – opens.
State Attorney Catherine Vogel’s office Thursday filed nine charges against Derek David, including three counts of attempted murder for what one witness described as him firing a handgun blindly into a crowd early March 21.
David, 33, of Sugarloaf Key, walked out of jail March 24, having posted a $482,500 surety bond that required him to plunk down 10 percent.
But that bond was set by a court considering his initial arrest on suspicion of aggravated battery.
Now charged with attempted murder, two counts of aggravated assault, discharging a firearm in public, violating the concealed carry permit law, resisting an officer and using a firearm while under the influence of alcohol, David will face a hearing next week at which prosecutors say they’ll argue to keep him locked up until trial.
“He’s not being rearrested,” Vogel said. “Additional charges have been added. We’re asking for pre-trial detention.”
Attorney Donald Barrett, who is representing David, didn’t return a message for comment Friday.
Assistant State Attorney Colleen Dunne said a pre-trial detention hearing is set for 8:45 a.m. Wednesday at 16th Judicial Circuit Court before Judge Wayne Miller.
David is due in court for arraignment Tuesday, April 12.
Video surveillance from a Duval Street bar shows David shoving his wife Jodie David to the ground during a drunken tantrum, witnesses said. When strangers intervened in the domestic dispute, police said David pulled out a Ruger .380-caliber handgun and began firing.
But the three people wounded and two people threatened by a gunman had nothing to do with stepping in to break up the couple’s spat, police said.
David is charged with trying to murder three bystanders who were injured by gunfire March 21: Scott McBride, Brendan Boudreau and Reid Ogden, and also two counts of aggravated assault for pointing the gun at David Lee Smith and Kenneth Scott, according to the three-page bill of information filed by Vogel’s office.
David Lee Smith is the only civilian being honored Tuesday by city leaders for his response to the shooting on Duval.
Mayor Craig Cates and city commissioners will give commendations to first responders, including Key West’s emergency medical team and Monroe County Sheriff’s Deputy David Lariz at Old City Hall. The meeting starts at 6 p.m.
Police say Smith followed the gunman after the shooting from Charles Street to Kino Plaza, where Derek David was arrested after being stunned with a Taser.