DeLAND, Fla. - A Volusia County judge has granted a temporary injunction on Monday to limit the amount of people allowed at a DeLand house that police say is operating as a nightclub where a fatal shooting occurred over the weekend.
Police say 24-year-old Jamel Simmons was found Sunday lying in on Clara Avenue outside The Big House. He was taken to a hospital where he died. Two other people were taken to the hospital -- one with a gunshot wound and the other with injuries from a physical altercation, police said.
The home is known in the area as a party house and police said the neighborhood is an area known for crime problems.
Circuit Judge Robert Rouse granted the city of DeLand a temporary injunction that limits the amount of people allowed at The Big House and prohibited homeowner Stedroy Maynard from selling food or drink or allowing renters to use it as a business.
The injunction also states Maynard is not allowed to have more than 36 people at the house, with the exception of New Year's Eve, Labor Day, Fourth of July and the Saturday after his birthday.
The city has been fighting against the house since before the fatal shooting, calling the house a "public nuisance."
Officials said the house is operating as a business in the residential area, selling alcohol on the property and hosting music performances. Maynard can no longer violate the city's noise ordinance or publicly advertise any parties at the house, according to the injunction.
At the hearing on Monday, the city said items in the house showed evidence of a business, such as a change machine, a bar, tables and a tip jar.
But Maynard denied that it is operating as a business and that it is a public nuisance. He took the stand on Monday saying he inherited the house from his father and wanted to fix it up to make him proud.
Maynard did admit to throwing parties but denied he was making any money off of it. He says he has never been in trouble with the law before.
A video on YouTube shows a 2011 rap performance with loud music at The Big House in a crowded room.
Police have released few details about the shooting, including the other victims' names or genders. The shooting victim, Simmons, has been arrested six times since 2007, including one arrest in February with charges of carrying a concealed firearm, possession of cocaine and aggravated battery on a law enforcement officer with a firearm, the the Daytona Beach News-Journal reports.
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