Crime

Duval Street shooting suspect had prior run-in with KWPD. Police six months ago took Derek David's gun 'into safekeeping'

Six months ago, Key West police confiscated a handgun from a drunken man on Duval Street who they say was angry over someone taking his truck without his permission while he drank at Willie T’s bar.

Derek David, 33, wasn’t cited for carrying his .380 handgun while intoxicated – or while inside a bar -- but officers warned him and took the gun “into safekeeping for him to be able to retrieve the next day,” according to a court filing Friday by the State Attorney’s Office.

On March 21, police say David fired that Ruger semiautomatic .380 handgun onto bystanders after a drunken temper tantrum with his wife.

Three men were wounded, two while standing on Duval Street and one while running away from the gunman firing from the intersecting Charles Street.

A fourth shot missed human flesh and was found lodged in a display case that hangs outside Irish Kevin’s bar.

“Little was it known the dangers warned of would become a reality a mere six months later,” wrote prosecutor Colleen Dunne, in a motion asking to jail David until a trial – now over attempted murder charges – opens.

David is free on bond but due in court Wednesday for a hearing, where Dunne will argue he is too dangerous to walk free pending trial.

“The only way to ensure the community’s safety and alleviate the grave risk of physical harm is to detain the defendant,” Dunne wrote.

State Attorney Catherine Vogel’s office Thursday filed nine charges against David, including three counts of attempted murder for what one witness described as firing a handgun blindly into a crowd early March 21.

David 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 faces decades upon decades in prison if convicted.

“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.

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 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 who works at the Red Garter Saloon, 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.

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