Man shoots gun because people wouldn't leave community pool, police say

Suspect faces aggravated assault charges

ORMOND BEACH, Fla. – A man who was upset that three people wouldn't leave a community pool, despite the fact that it was still open, fired a gun in an attempt to get them to vacate, according to the Ormond Beach Police Department.

Two juveniles and an adult were at the pool on Willow Run around 9 p.m. when Richard Marcelle, 66, approached them and said the pool was closed and they needed to leave, the report said.

The victims, one of whom lives in the community, initially apologized and were gathering their things to leave when they noticed the sign listing the pool rules said the pool was open until 10 p.m.

Capt. Christopher Roos, with the Ormond Beach Police Department, said there are no signs that the trio was doing anything illegal.

"No signs of criminal activity. The kids were just enjoying the pool and the pool deck," Roos said.

The victims confronted Marcelle in front of the clubhouse and told him that they were going to stay because the pool was still open. Police said Marcelle told them that he's a member of the homeowners association so he knows that the rules will be changing soon, although residents had not yet been notified.

"He is a member of the HOA and the HOA did actually change the pool hours. However, they hadn't notified the homeowner's association members yet or posted it," Roos said.

Marcelle blocked the victims as they tried to get back into the pool area and then fired a small revolver-style handgun at the soil, according to the affidavit.

"The video definitely shows him holding a handgun, and you can see where it looks like a round fires off into the ground and you can see the dust from the ground kicks up at the same time," Roos said

One of the victims asked Marcelle, "Did you really just shoot a gun?"

Marcelle replied, "Yes, I am putting my own life at risk," police said.

Marcelle then followed the victims, with the gun still in his hand, as they got into their vehicle, according to the report.

Surveillance video helped police identify Marcelle as a suspect in the case. It also showed that the victims were never armed or threatening toward Marcelle at any time during the encounter, authorities said.

Marcelle was arrested Wednesday on three counts of aggravated assault with a deadly weapon without intent to kill.

 "Anyone can ask someone to leave, but the method that he went about going to do it by bringing a gun and actually firing a round is totally unacceptable," Roos said.

Kelly Weeks, one of Marcelle's neighbors, said the incident described in the report sounds out of character for Marcelle.

"He's a Godly man. He's a Christian man. He mows my yard for free," Weeks said.

Weeks said Marcelle often goes out of his way to help her family and others in the neighborhood.

"He's not the type of person to have a gun and he's not the kind of person who would threaten children, regardless of with a gun or anything," Weeks said.

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