MELBOURNE, FL April 6, 2020 – According to an online news article published on FloridaToday.com, an armed standoff lasting five-hour armed ended with an arrest of a 40-year-old man from Melbourne, Florida, on Monday, according to police reports. The 40-year-old Melbourne man has been accused of "holing up" with his four-year-old child with a weapon after the man attacked his brother with a knife just hours prior to the standoff with law enforcement officers.
The Melbourne Police were dispatched to the scene after receiving a call that the 40-year-old suspect was making threats of harming his brother using a gun and a knife. The suspect fled the scene to return to his home located in the 1700 block of Jones Road in Melbourne, according to the Melbourne Police arrest report. The owner of the house stated to Melbourne Police that the suspect would sometime live inside a steel building located on his property.
The 40-year-old suspect has been charged with possession of a firearm by a convicted felon and aggravated assault with a deadly weapon. Team members of the Melbourne Crisis Negotiation Unit negotiated for over five hours and eventually convinced the suspect to surrender to Melbourne Police voluntarily.
Although two witnesses told Melbourne Police that the suspect has a firearm, no gun was found at the scene. Police officers stated that there was a period of time between the call to police and making contact with the suspect in which the suspect probably disposed of the firearm.
The mother of the suspect and the first victim stated that she thought the was no gun and that the fight between the brothers was "blown out of proportion." The brothers' mother told police that her son is "huge, but he would never hurt anybody." The suspect's mother also stated that the suspect's child didn't want to leave his father and that he was not held against his will. The suspect is being held at the Brevard County Jail and was unable to post bond.
Florida Statute § 784.021(1)(a)- Aggravated Assault with a Deadly Weapon
According to Florida Statute § 784.021(1)(a), if an individual assaults another person with a deadly weapon but didn’t have the intent to kill, the crime maybe charged as aggravated assault in the State of Florida.
As in any criminal assault charge in the State of Florida, the prosecution is required to prove there was a deliberate threat by action or word to do injury to someone else, combined with the clear ability to act out on the threat and to perform an action that creates a legitimate fear in another person that violence was imminent. The prosecution isn´t required to prove that you intended to injure, harm, or killed the person, and an individual may be convicted of aggravated assault with a deadly weapon even if none was harmed.
A “deadly weapon” is defined as an object that is used or is threatened to be used in a way that is likely to produce great bodily harm or death.