Man who shot ex’s boyfriend dead testifies killing was in self-defense
A Delray Beach man accused of intentionally gunning down his ex-lover’s boyfriend testified in his trial Thursday that the killing at a gas station three years ago was in self-defense.
Delinord Dumercy made the same statement to detectives after shooting James Peoples, 22. And Dumercy said it while seeking immunity from prosecution under the state’s “stand your ground” self-defense law.
Soon the Palm Beach County jury will have its say. The panel will hear closing arguments at 9:30 a.m. today before it deliberates on a first-degree murder charge, or considers lesser counts.
The 24-year-old Dumercy said he had been previously threatened and shot at by Peoples, and he thought the man was fast approaching him with a gun.
“I didn’t think he would hesitate to shoot me anywhere he found me,” Dumercy said on the witness stand. “I believed that if I didn’t shoot him, he would have shot me first.”
But prosecutors say Peoples wasn’t holding a gun during the confrontation at the Chevron on West Atlantic Avenue.
They contend Dumercy had acted on a plan after months of threats against Peoples, who was dating Darnesha McCray.
At the time of the Dec. 8, 2016, homicide, McCray was pregnant with Dumercy’s child.
Prosecutors argue that Dumercy’s jealousy and anger prompted him to buy a gun and send text messages, including, “I just want to kill your boyfriend.”
Just one hour before the killing, Dumercy texted McCray, “Look honey, it’s war, nothing but,” according to evidence in the case.
Asked about the texts, Dumercy said Thursday that he “couldn’t let the guy think him.”
He said that before the shooting, he was living on the streets and hiding from Peoples.
“I felt like I was being hunted like some animal,” he said of his decision to buy a gun for $100 for protection. “I had to defend myself.”
Assistant State Attorneys John Parnofiello and Diva O’Bryan said McCray and Peoples were driving nearby about 10 p.m. and spotted Dumercy with his bicycle.
The prosecutors said Peoples hopped out in an attempt to speak to Dumercy in an attempt to defuse their conflict.
But defense attorney Jack Fleischman says Peoples was the aggressor, and Dumercy felt cornered at the Chevron.
Dumercy testified he had stopped at the station for a pack of cigarettes, when he noticed Peoples approaching the entrance to the station’s convenience
Iwas afraid of store.
Believing Peoples was armed, Dumercy said he tried to run out a back door, but it was locked, so he reached into his backpack for his gun and met Peoples at the front door.
“I went with instinct,” Dumercy told the jury. “Every creature, every species on this planet has an instinct when they are in fear, they either fight or take flight.”
Dumercy added, “Mind you, this is my first time ever shooting a gun or using a gun.”
The prosecutors said Dumercy opened the door and fired a shot at Peoples’ neck and shoulder.
They argued that Dumercy fired the second and fatal shot at Peoples’ back after he turned to run.
But Dumercy testified he still believed after the first shot that his life was at risk.
“He looked like he was turning around, I thought he was reaching for a gun,” Dumercy said.
Thanks to security cameras, the jury was able to watch a security camera video of the shooting. On Friday, attorneys on both sides will argue about the proper way to view it.
Before the trial, Circuit Judge Kirk Volker asked Dumercy if he considered a plea offer.
Dumercy said he didn’t want a 30-year prison sentence for a second-degree murder conviction. Selected Thursday Pick 2 (midday): 8-1
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