The Clearwater Police Department made an arrest after an incident that occurred in the 1300 block of Boyland Avenue in Clearwater. It occurred on Thursday, July 7, 2022 at approximately 10:30 a.m.
Officers responded to the home after the homeowner, 44 year-old David Berry, armed himself with a rifle during a parking dispute.
Berry armed himself with an AR-9 firearm during a verbal argument with Jeremy Lee, a man doing yard work across the street whose ramp to his trailer reportedly partially blocked Berry’s driveway. After the two argued, Lee and his adult daughter said Berry retrieved a rifle and pointed the gun toward Lee as Berry made conditional threats; however, the portion of the incident the daughter captured on video starts after the gun was reportedly pointed at Lee. Berry said he retrieved the firearm after what he described as a threat from Lee.
The department sought review from the Pinellas-Pasco State Attorney’s Office on possible charges of aggravated assault with a firearm.
“We are actively investigating this incident and will be presenting the case to the Office of the State Attorney,” said Police Chief Dan Slaughter. “The bottom line is a dispute over parking should never have escalated to something like this. If you have a problem with someone partially blocking the driveway, you call the police. You don’t grab a gun like some vigilante.”
A risk protection order was obtained on July 27, 2022 which resulted in his guns being seized.
On Friday, August 5, 2022, members of the Clearwater Police Department Special Enforcement Unit arrested Berry. He is now charged with aggravated assault, a third-degree felony after further investigation by the Clearwater Police Department and the Pinellas-Pasco State Attorney’s Office. As of 7 p.m., he is in the process of being booked into the Pinellas County Jail with bail in the amount of $5,000.
A hearing regarding the placement of a Permanent Risk Protection Order is scheduled for August 10, 2022.
Berry is president and owner of Fat Finger Construction LLC which he operates out of his home where the incident occurred.
Officers are seeking any additional witnesses to the incident.