Unexpected call: Mistrial declared after Ocala jury hears 911 tape

Austin L. Miller
Ocala Star-Banner

A judge on Thursday declared a mistrial for a man shot several times by deputies after they say he drove toward them during a standoff.

A tape of the 911 call made by a woman alleging that David Andrew Riley was constantly harassing her was played for jurors. The call made reference to Riley's arrest record. The judge had previously said that information would not be allowed

Assistant State Attorney Byron Aven apologized to the court about the error. He said he thought the tape had been redacted and again apologized.

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What led up to the mistrial

Before the recording was played for the seven-member jury – four men and three women, with one of them acting as an alternate – one of Riley's lawyers, Ben Christian from the Public Defender's Office, objected to jurors hearing the tape.

His argument: It wasn't relevant to his client's charges. 

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Riley, 48, of McIntosh, is charged with two counts of aggravated assault of a law enforcement official and one count of resisting a law enforcement official with violence. He also was charged with stalking, but on Monday, during a break in jury selection, Riley pleaded no contest to that charge.

Circuit Judge Anthony Tatti denied the request to exclude the 911 tape. Tatti said the jury needed to hear what led up to the confrontation with deputies.

Deputies shot Riley seven times

According to a State Attorney's Office document that summarized a Florida Department of Law Enforcement report, Riley was shot seven times by deputies.

The deputies involved in the standoff were Lt. Donnie Winston, Roy Johnson, Kip Peterson and Lucas Karr. They were placed on paid administrative leave after the March 4, 2019, shooting. After reviewing the FDLE report, prosecutors cleared the deputies of any criminal wrongdoing, saying they had a right to be at the scene and there was evidence that Riley was a danger to the community and to them.

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Johnson had a previous shooting incident in May 2018. He shot and killed Dustin Odom while trying to arrest the man at Phoenix House in Citra. Prosecutors cleared Johnson, saying that shooting was justified.

Prosecutor: Deputies had no choice

In his opening statement, Aven told the jury that Riley's ex-girlfriend was terrified of him. He went to her McIntosh residence that day, and the prosecutor said she had no choice but to call law enforcement.

Aven said when sheriff's deputies arrived, Riley ignored their commands. He said they tried reasoning with Riley and he refused. Aven said deputies did not know what was in the vehicle and Riley's action caused a reaction.

Aven said the deputies were in fear for their lives and had no other choice but to shoot.

'One of the worst days of his life'

Assistant Public Defender Kathryn Hamilton, in her opening statement, said Riley never intended to hurt anyone. She said it was "one of the worst days of his life."

She argued that Riley's only intention was to get away and go home.

The woman who accused Riley of stalking was the state's first witness. Shaken and nervous during her testimony, the woman said she and Riley had been dating but it ended a few months before the shooting.

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She said she had 22 missed calls from Riley. She described Riley as angry and mean on the day he was shot by deputies. She said he had threatened her and her adult son. 

When she was cross-examined by Christian, she said Riley was not physical with her on the day of the shooting. She said she did not see him drive toward deputies and did not know if Riley had threatened deputies.

Here's what happens next

After declaring the mistrial, Tatti set April 14 for a pre-trial conference hearing. A plea offer of a three-year minimum mandatory sentence is still on the table for Riley. If he goes to trial and is found guilty of the offenses, he could face a maximum of 35 years behind bars.
