Brendan Boudreau, David McBride and Reid Ogden are three men who didn’t know one another when they were each vacationing in Key West March 21, 2016. But, because of a local couple’s date-night-gone-wrong, they departed the Southernmost City with something in common.
“They all left with the same souvenir,” Assistant State Attorney Colleen Dunne said Wednesday. “Gunshot wounds at the hands of Mr. Derek David.”
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David’s attempted second-degree murder trial got started in Plantation Key Wednesday. The prosecution says David became enraged after he was beat up by two men who intervened when he was shoving his wife to the ground on Charles Street following a night of dinner and heavy drinking.
After being pummeled by the men, referenced during the trial only as “Fedora Hat Man” and “Basketball Jersey Man” because police have never been able to locate them, David pulled a Ruger .380 LCP pistol from his waistband and fired four shots down Charles Street.
Bourdeau was hit in the right thigh. Ogden was struck in the left arm and the bullet came to a stop in his abdomen. McBride was shot in the right thigh, and the bullet exited through the back of his knee. None of the men were involved in the scuffle between Fedora Hat Man, Basketball Jersey Man, Derek David or his wife, Jodie David.
“The events of that night were all triggered by the violent behavior of the Davids,” Dunne said during opening arguments.
The fourth bullet was found lodged in a picture frame hung outside of the popular bar Irish Kevin’s on Duval Street, which runs horizontal to Charles Street. Dunne said the round missed McBride’s head by inches.
The incident was caught on video by several security cameras on businesses located on Duval and Charles streets, as well as one on Telegraph Lane.
David’s attorneys Dustin Hunter and Donald Barrett, however, argue their client was acting in self defense and to protect his petite, 5-foot, 100-pound wife when he opened fire. They argue Fedora Man and Basketball Jersey Man attacked David, 35, for no reason, and that since Bourdeau and his friend, Trent Pauls, were on scene during the fight, David, who is 6’3 and weighed 300 pounds at the time, thought all four men were together and being aggressive toward his wife.
“Boudreau and Pauls are there too,” Hunter said during opening arguments.
In video footage, Boudreau and Pauls are seen walking back toward Duval after the fight, and Jodie David is seen tugging at Pauls’ shirt and punching him as he continues down Charles Street. Dunne said the footage proves Jodie was not only in no danger, but she was trying to instigate a violent response from Pauls and Boudreau.
“When he chose to fire that weapon, she was the aggressor,” Dunne said.
The Davids, who are from Louisiana, but lived on Sugarloaf Key with their children at the time, went to Key West to have a dinner date that night at Caroline’s Cafe. They arrived around 5:30 p.m. March 20, and ate and had a few drinks, Hunter told jurors. They also struck up a friendly conversation with another couple, and the four of them decided to have more drinks at the Hard Rock Cafe.
They eventually ended up at The Bull and Whistle Bar on Duval. Soon after they got there, Hunter said David Derek could tell Jodie had too much to drink and it was time to go home. The couple came out of the bar, made a left onto Duval and then a left onto Charles Street. On Charles Street, Jodie had trouble walking and fell several times, and each time, her husband helped her up, Hunter said.
But, in her intoxicated state, she was also getting angry at her husband. Once, even scratching him behind the ear. She didn’t stop there, Hunter told jurors.
“Jodie grabs his testicles in an unpleasant manner,” he said, and Derek David pushed her away.
Whoever was more aggressive, the situation was apparently loud — loud enough for Boudreau and Pauls to hear the couple shouting over the loud music coming from Irish Kevin’s, from where the two had just stepped outside for a smoke. The Davids were making so much noise that Boudreau and Pauls became concerned and walked down Charles Street to see what was going on, Dunne said.
As they slowly walked toward the stumbling couple, the video shows Fedora Man sprint past Boudreau and Pauls and come between the Davids, pushing Derek David. Derek David then puts his fists up and throws several unlanded punches at Fedora Man, who appears spry and is able to land several blows on David, knocking him to the ground. The man in the basketball jersey joins in, pushing David from behind.
Video footage from Telegraph Lane, which is on the other side of Charles Street, shows Derek David struggle to his feet and look down Charles Street. Charles Street camera footage then show Jodie David tugging at Pauls and yelling at him and hitting him as they walk east toward Duval.
“It was his wife that they were trying to hold off and stop her from hitting them,” Dunne said.
Footage then shows David reach into the back of his pants, pull a small handgun, rack the slide, which puts a round from the magazine into the chamber, and then point the the weapon down the street and fire.
After shooting the gun, David walked away from Jodie back toward Telegraph Lane. A man named Kenneth Scott came out of the Smoking Tuna restaurant at 4 Charles Street, and David pointed his gun at him. Scott, according to a Key West Police Department report, screamed “Don’t” three times as he walked backward and inside the Smoking Tuna.
Another man named David Lee Smith, who was working as a bouncer at the Red Garter Saloon on Duval, heard the shots, came outside and saw David walking west down Charles Street. He called 911 and followed David, who, unbeknownst to Smith, was out of bullets, but still visibly holding the Ruger. Smith followed David to the Kino Plaza shopping center on Fitzpatrick Street, according to the KWPD police report.
Once the first officer arrived, Smith pointed to David’s location, and then David aimed his gun at Smith, according to the report. Smith told police he ran for cover behind a nearby building.
David ignored the officer’s commands to surrender and walked into a dead-end alley, Dunne said. He walked out after a few minutes and down another alleyway. When he finally exited, an officer noticed he was no longer holding the Ruger, but he did have the pistol’s holster in hand. The officer used his Taser stun gun to subdue David, who, according to Dunne, said, “I did nothing wrong sir. You’re on camera sir.”
David is also charged with two counts of aggravated assault with a deadly weapon, firing a weapon in public, using a firearm while under the influence of alcohol and violating the conditions of the conceal and carry permit he had at the time. Permit holders can carry their weapon concealed in certain restaurants, but not ones that primarily serve liquor, like The Bull and Whistle Bar.
“They do not serve food,” Dunne said. “It is a bar.”
The Third District Court of Appeal last year sided with Monroe County Judge Wayne Miller’s February 2017 denial of David’s motion to dismiss the charges based on Florida’s Stand Your Ground defense, which allows people to protect themselves with deadly force if they perceive themselves or others to be immediately threatened.
David, who has said he has amnesia and a head injury from the incident, argued he had a right to protect his wife from strangers she clashed with after a night of drinking. Miller — and subsequently, the Third District — disagreed.
“The only danger of injury [the wife] faced that evening was her close proximity to [two bystanders] at the time Defendant discharged his weapon,” now-retired Judge Wayne Miller wrote in his ruling denying Stand Your Ground.
David has been free on $582,500 bond since shortly after the incident.
Jodie has stood by her husband throughout the ordeal, and said she was the one being aggressive toward him when he was attacked by the men on Charles Street.
“It appears I’m having one of these episodes where I just get angry for no reason,” she testified in February 2017 Stand Your Ground hearing.
Gwen Filosa contributed to this report.
David Goodhue: 305-440-3204