Staff report

GAINESVILLE, Fla. – Justin Kincaid Hamby, 31, was arrested early this morning after allegedly holding his estranged wife at gunpoint while attempting to prevent her from calling 911 and flushing marijuana down the toilet.

A Gainesville Police Department officer reported that at about 12:35 a.m. on November 11, Hamby and the victim were arguing when the victim threatened to call 911 and Hamby snatched her phone from her hand and smashed it on the floor. The victim told the officer that while Hamby was collecting his belongings, she managed to grab her phone and dial 911.

The victim reportedly said that Hamby choked her until she saw spots but eventually let go before taking his handgun from the closet and pointing it at her. She told the 911 operator that Hamby had a gun, and the operator reported that Hamby started shouting that he was trying to unload the gun.

The victim said she tried several times to get away from Hamby, but he kept blocking her way while pointing the gun at her. She said he didn’t make verbal threats because he knew she was still on the phone with 911 operators. She said he started collecting marijuana from around the home and flushing it down the toilet. She also said he threw marijuana out the back door while still pointing the gun at her.

Arriving officers formed a perimeter around the house, and officers in the front were reportedly able to see Hamby through a window, pacing around the living room while pointing a handgun at chest level; they said the victim appeared to be frightened of him.

Post Miranda, Hamby reportedly said he and the victim had been arguing when the victim tried to hit him several times, but only one of the blows landed, grazing him across the face. He said the victim dropped her phone, damaging it, while she was trying to hit him. He said he was just trying to pack his belongings and that he took out the gun to pack it; he said he had unloaded it and planned to break it down further before leaving. He denied pointing the gun at the victim, snatching her phone, preventing her from calling 911, and attempting to dispose of marijuana.

The firearm was reportedly found in a backpack and was unloaded; the gun matched the description of the one officers reported seeing through the window. A search of the house reportedly produced a marijuana grinder in the bathroom and “green particles” floating in the toilet. No marijuana was found in the back yard.

The victim reportedly had abrasions that are consistent with being choked.

The victim said that while she and Hamby are married, they have been separated for three years, and she let him move back in because he lost his job and residence. She said that she was afraid Hamby would kill her and her children if he came back to her home because he has “easy access to firearms from either family or friends.”

Hamby has been charged with obstructing communication with law enforcement, false imprisonment, robbery by sudden snatching, aggravated assault with a deadly weapon, domestic battery by strangulation, and tampering with evidence. He has no local criminal convictions. He was arrested in 2012 for pulling a security camera off a commercial building, but the charge was later dropped. Judge Adam Lee set bail at $50,000.

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.