A Florida man was arrested after he attempted to enforce pool rules and usage at a subdivision. Richard Marcelle, 66, is a member of the HOA at a Volusia County subdivision called The Village in Ormond Beach, Florida. Among the amenities offered to residents is the use of a community pool.
According to Daytona news outlet WNDB, Marcelle, saw three teens enjoying the pool during the evening and he decided that firing a gun near the teens was a suitable response to new pool hours.
According to the Ormond Beach Police, a concerned mother came into the police station on April 23, 2019, to file an assault report. She was informed by her son, that while he was at the pool with two friends, Marcelle angrily confronted the group. Marcelle told the teens that the pool was closed and they would have to leave. The teens began to gather their belongings and while exiting they noticed that the posted pool hours read that the pool closed at 10 PM and it was only 9 PM at the time. The group then told Marcelle the pool was still open, but Marcelle told the group that the hours had changed.
The narrative given by the teens stated they told Marcelle that they were staying. In response, Marcelle yelled “No you’re not,” produced a handgun and fired into the ground near the teens. The group of teens then grabbed their stuff and one asked incredulously did he really just shoot at them. In response, Marcelle replied, “Yes, I am putting my own life at risk.”
The teens left the area, but not before copying the license plate on Marcelle’s vehicle. Ormond Beach Police reviewed security footage of the pool a few days later and noted that Marcelle was carrying a small handgun in the video. Police noted that the teens were not aggressive, nor did they make violent advancements, postures or gestures towards Marcelle on the video.
During the investigation, detectives went to Marcelle’s home to get his side of the story, but he did not answer the door. He contacted police later in the day and stated that he had an attorney and was unwilling to talk to police. The teen victims identified Marcelle using a photo lineup and a warrant was issued for his arrest.
Marcelle was arrested on May 1, 2019, and charged aggravated assault with a deadly weapon and discharging a firearm in public. He was able to bond out of jail for $35,000 and is expected to appear in court sometime in May 2019 to face arraignment.