Convenience store clerk arrested for threatening customer with baseball bat
Staff report
Updated on October 16 with bail information
GAINESVILLE, Fla. – David Jay Horrell, 48, was arrested last night and charged with threatening a convenience store customer with a metal baseball bat.
The responding Gainesville Police Department officer reported that when he arrived at the Circle K store (4909 NW 34th Blvd) at about 10:09 p.m., Horrell spontaneously said he and the customer had gotten into a verbal argument that escalated to the point where he asked the customer to leave, but the customer refused. Horrell reportedly admitted that he had picked up a metal bat before coming out from behind the counter and telling the customer to leave.
The victim told the officer that when he paid for his items, Horrell threw his change at him. He said he threw the change back at Horrell, and they exchanged some words. The victim said Horrell came out from behind the counter holding a bat and said, “I will break your kneecaps and kill you.” The bat was reportedly found at the scene.
Post Miranda, Horrell reportedly declined to make any further statements.
While being transported to the jail, Horrell reportedly said, “Yeah, I lost my temper.”
According to a court document, Horrell has worked at the store for nine years. He has no criminal convictions; Judge Susan Miller-Jones ordered him held without bail pending a hearing on a motion from the State Attorney’s Office to hold him without bail until trial.
After a hearing on the motion for pre-trial detention, Judge James Colaw denied the motion and set bail at $25,000; Horrell posted bail and has been released.
Articles about arrests are based on reports from law enforcement agencies. The charges listed are taken from the arrest report and/or court records and are only accusations. All suspects are innocent until proven guilty in a court of law.


That is a dangerous store, regardless.
I’m sure the customer was an angel and did nothing wrong.
Nooo! Free Dave!
Held without bail?
The unruly customer refused to leave.
But, gun crimes are ROR.
This town in whack.
Welcome to woke Libby-ville! Ain’t it grand?
I go to that store often, and can tell you first-hand: that dude takes a LOT of BS from a LOT of people that he really shouldn’t have to take. It has definitely worn on him over time; he’s actually a good dude. Some of the clientele there on the other hand- not so much.
No I wasn’t there for this, but gonna take an educated guess this customer crossed the line. And this guy’s had it with certain people treating him like garbage when they don’t get the answer they want.
Agreed wholeheartedly and to hold him without bail is ludicrous when they give repeat felons a smack on the hand and set them free immediately.
Hold him without bail? When they let repeat offenders have bail? Typical liberal c***
This right here. This is one guy who does NOT deserve to be sitting in jail on no bond. This is a good dude
The victim is a straight P**sy!
if this was on the east side of 13th, the police would not have even been called.
Aww man I’m at that gas station all time time. This is a good dude. Some of the people that go in there however are…well, let’s just say “less than exceptional”. Why didn’t’ the customer leave when asked to? What’s the clerk supposed to do? And to have him held w/o bail??? This seems backwards.
Yes Dave is a great guy and in no way a threat to society. This is just terrible news!!
NOT DAVE! This is the nicest dude ever and no way does he deserve to be sitting in jail on NO BOND. This guy is not a threat he is always helping people. This is terrible.
Sooooo this man works there and isnt allowed to protect himself and his workplace? The customer wouldnt leave so isnt that considered trespassing? Verbally assaulting the clerk of store? But he cant protect himself or the store?? Gimme a gd break!!
Michael Douglas…. stars in falling down..
Such BS! He worked there for 9 years with no criminal history. This store is a soft target for someone to come in and threaten him. He should be out ROR. These judges let criminals with a long history of crimes out on ROR. I swear the law protects the criminals.
Held without bail? You got to be kidding! Well that’s what you get with Susie Q.
I stand with the clerk
Put money on his books
I agree that this clerk should be ROR. That is a tough store and I’d bet the customer was already being rude. Of course, we need to hear both sides of the situation before reaching conclusions. Could be that the clerk was wrong, but it still isn’t that serious to hold without bail. Typical of this town.
Darn….another Circle K beat down thwarted. Would have loved to have seen the viral video.
without bail??really…com on man…dave takes a lot of crap at that store
I was there the Evening this happened. I walked in went to the back to get Beer, walked up towards the counter and waited for the guy in front. All i heard was the so called customer say; Come on, come on. Dave then grabbed the bat come from around from behind the counter and told the guy to get out of the store. the guy then said no; i’m not leaving. You can’t make me leave. Well there you go Dave was not at all at fault for this. Dave is a good man he has to deal with ASS’S all the time. Part of working with the public. I believe he had enough is all.
I hope Judge Susan-Miller-Jones is reading these comments and feeling ridiculous about her choice to hold Dave without bail. No criminal convictions. Worked at the same place for 9 years. Just lost his children’s mother. Hès a good guy. We should all be in front of the courthouse and jail with Free Dave signs.
If you feel that this is wrong, like I do. You can email Cunninghamg#sao8.org with a letter of character or your opinion, This is the state attorney’s office that’s prosecuting this case. I cannot believe they are holding this man without bail! He is not a danger to our community and never has been in the 10-plus years he’s worked in that store. Unless there’s something that is not being disclosed this is absolutely wrong he should be afforded a bail like other people who are innocent until proven guilty, let’s not forget that part. Send the state attorney’s office an email if you know him send a character reference let’s help him out.