No one was hit but Richard S. Marcelle,
66, is now charged with three counts of aggravated assault
with a deadly weapon without intent to kill and discharging
a gun in public. If convicted, Marcelle could face up to
five years in prison and possibly more since a gun was
Marcelle, who lists a Willow Run address in The Village
subdivision, was released from the Volusia County Branch
Jail after posting a $35,000 bail.
Julian Johnson, 18, who lives in the community, and a
younger friend went to the pool about 9:15 p.m. April 22 to
hang out. Johnson is allowed by association rules to bring
guests to the pool, the police report states.
Marcelle drove up in his truck, walked up and told them that
the pool was closed. But Johnson and his guest noticed that
a sign listing the pool rules said it was open until 10
p.m., the report states.
Marcelle, who state records show is a director of Village
Homeowners Association, told them that the board had voted
to change the rules at a recent meeting but the new rules
were not posted yet. Johnson and his friend decided to rely
on the sign and ignore Marcelle.
Marcelle intercepted them as they tried to reenter the pool
and displayed a small, black revolver. Marcelle then, police
said, fired the gun into the dirt.
Johnson and his friend left the area as
Marcelle followed them to their car. Johnson’s friend asked
Marcelle, “Did you really just shoot a gun?”