Gainesville man arrested for attacking victim, then picking up victim’s gun and pointing it at him

Staff report

GAINESVILLE, Fla. – Afernee Antonio Hayes, 28, was arrested yesterday and charged with battery, aggravated assault, grand theft of a firearm, and possession of a firearm by a convicted felon after a June 2 incident in which he allegedly attacked a man and then picked up the victim’s dropped gun and pointed it at him.

At about 3:23 p.m. on June 2, Hayes reportedly began arguing with the victim near 20 NE Waldo Road, and the argument turned physical when Hayes allegedly spit on the victim. During the ensuing fight, Hayes allegedly picked up the victim and slammed him on the ground, causing a collapsed lung and the build-up of air in the chest cavity, requiring a chest tube to alleviate pressure in the chest. The victim also suffered lacerations.

During the fight, the victim’s legally-carried firearm fell from his waistband, and Hayes allegedly picked up the gun and pointed it at the victim. Hayes allegedly told the victim he was going to shoot him and told a bystander to start recording. Hayes allegedly pointed the gun at the victim for about 30 seconds, but the victim was able to get a rifle from his nearby car and point it at Hayes, causing Hayes to run.

The gun was reportedly returned to the scene by a family member of Hayes who said Hayes came to their home after the incident; the family member said they told Hayes he needed to go back to the scene of the incident, but he refused.

Hayes was reportedly identified by an employee of a nearby store who said Hayes comes into the store every day; Hayes is reportedly shown on store surveillance video.

Hayes has a juvenile criminal history, seven felony convictions (two violent), and five misdemeanor convictions (none violent). He has served two state prison sentences for cocaine possession and is currently on probation for property damage and resisting an officer; he was also charged with domestic battery in the same April 2023 incident, but the charge was dropped.

Judge Susan Miller-Jones set bail at $260,000.

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.