Grand jury indicts one in slaying; clears another

An Alachua County grand jury issued a first-degree murder indictment against one man on Tuesday, and in another case cleared a man of any wrongdoing in a fatal shooting last year near The Oaks Mall.

Grand jurors found that a man who shot at another man in The Oaks Mall parking lot on Dec. 6 acted in self-defense, the State Attorney's Office reported.

The jury issued a finding of justifiable homicide in the death of Howard "J.R." Shipley, 46, of Gainesville. Police had interviewed David E. James, 63, of Gainesville, who said he felt threatened by Shipley and shot him.

State Attorney Bill Cervone said there was conflicting testimony about who was the primary aggressor in the shooting. But, under newer self-defense laws, a person is allowed to use force including deadly force with less requirement for retreat if they are in a lawful place and conducting lawful business.

The two men reportedly had been arguing in the northwest corner of the parking lot near the Don Pablo's Restaurant. Cervone said James claimed Shipley had threatened him with a knife. Officers found that a man with Shipley had a knife and used it to threaten James after he fired at Shipley.

No charges were filed against that man.

The grand jury also handed down an indictment against Gregory Bruce Dove, 21, of Waldo for first-degree murder in the death of a Newberry man last year.

Carl Arrington, 35, died after his wife told officers an intruder, wearing a black bandanna, shot at the couple inside their home on July 10.

The wounded man's brother, Michael Arrington, 42, of Newberry, originally was charged in the case, but charges were dropped against him this year after new information emerged about new suspects. Circuit Judge Martha Ann Lott had ordered Michael Arrington released from jail in September 2007 after finding there was no probable cause to hold him on charges of murder or attempted murder.

Dove, who is being held in the Alachua County jail on unrelated burglary charges, is supposed to have made statements implicating himself in the murder, Cervone said.

Dove now is facing charges of first-degree murder, attempted first-degree murder and home invasion robbery.

A second suspect has been named in the case. A murder charge also was filed last month against Benjamin David Kropp, 26, but his case was not brought before the grand jury this week.

Asked about the earlier allegations against Michael Arrington, Cervone said, "All investigations are always continuing in nature, and this is a good illustration of why this is so."

Lise Fisher can be reached at 352-374-5092 or fisherl@gvillesun.com.