More details emerge in Dec. 26 shooting involving Fort Pierce officer and theft suspect

FORT PIERCE – A local man faces a first-degree premeditated murder charge among others arising from what law enforcement officials say were a series of shots he fired at a police officer attempting to stop him to ask about food stolen from a gas station.

Police records released this week detail a gunfire exchange and pursuit through a public park area along Seaway Drive on Dec. 26, and state the man fired at least twice at Sgt. Graham Kelley before Kelley returned fire striking him in the leg.

D’marcus Rhynes, 25, was charged with attempted first-degree premeditated murder, resisting an officer with violence, possession of a weapon or ammunition by a felon, and theft.

Just before 9 a.m. Dec. 26, police were called about a man who stole several Slim Jim processed meat sticks and a Nesquik chocolate milk, valued at less than $20, from a Cumberland Farms convenience store in the 900 block of Seaway Drive, according to a police report.

Police were told it was the second time the man had taken items from the store.

Kelley said he saw the person he believed to be the man referenced in the theft, and attempted to stop him as he walked west along the sidewalk toward South Bridge.

With his police cruiser emergency lights on and while wearing a department uniform, Kelley stepped out of the vehicle and told the man, later identified by police as Rhynes, to sit down, the arrest records show.

A detective states in the report that Kelley's body camera captured footage showing Rhynes appear to remove something from his waist area.

After he told Rhynes again to sit down, Kelley walked toward Rhynes who then turned toward him while holding a black handgun, according to the report.

He “takes a shooter's stance,” aims, and fires at least twice as Kelley retreated to his vehicle for cover and returned fire, reports show.

Rhynes ran through the South Causeway Park parking area followed by Kelley, who, according to records, “discharged several more rounds” before losing sight of him near the park bathroom area.

After several instances gaining and losing sight of Rhynes during the foot chase near St. Lucie County Aquarium, Kelley encountered him again and ordered him to surrender.

Detectives in the report said body camera footage shows “the suspect began to fire his handgun at (him) a second time.”

As Kelley took cover behind a green metal utility box, three shots were heard with at least one said to strike a nearby metal object.

No further shots were returned by Kelley, according to the report.

The report did not indicate if any people, other than those involved in the shooting incident, were in the park.

Rhynes continued running and eventually entered a green Mercury car parked west of the St. Lucie County Regional History Center, in the 400 block of Seaway Drive.

Kelley reported Rhynes exited the car and surrendered laying down on the grass where he was arrested and it was found he sustained a gunshot wound to his right leg.

Rhynes was taken to HCA Lawnwood Hospital, where a detective questioned him. When asked what happened, he said: “I got into a shootout with officers.”

Detectives said in the report Rhynes told them he was living in his car and bought the gun on the streets.

A 9mm handgun was found lying outside the car, according to records.

The Florida Department of Law Enforcement is investigating the shooting.

“When asked, we conduct investigations of officer-involved shootings,” said FDLE spokesperson David Fierro. “…We don’t release information about those shootings (and) when we complete our investigation, we send our information to the state attorney’s office.”

State Attorney Tom Bakkedahl of the 19th Judicial Circuit and his assistant state attorneys determine if any charges will be filed against the officer after receiving that report and conducting their own investigation.

“That process is not a very fast one,” Fierro said.

Rhynes will be assigned a public defender, according to Mary Celidonio, lead assistant public defender at the 19th Circuit Public Defenders Office in Fort Pierce.

Rhynes remains in jail, held without bail on the homicide charge and $60,000 bail regarding the three lesser charges, according to St. Lucie County Sheriff’s Office records.

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Corey Arwood is a breaking news reporter for TCPalm. Follow@coreyarwood, or reach him by phone at 772-978-2246.

This article originally appeared on Treasure Coast Newspapers: More details in Dec. 26 Seaway Drive shooting involving FP officer