Staff report

GAINESVILLE, Fla. – Devon Junior McCarthy, 29, was arrested late last night after allegedly pulling a knife on two men in the locker room of a gym.

At about 11:35 p.m. on August 25, a Gainesville Police Department officer responded to Crunch Fitness (2002 SW 34th Street), where one of the victims said he and the second victim were in the locker room when McCarthy started yelling at them. The first victim said he didn’t know at first whether McCarthy was yelling at him, but then McCarthy made eye contact with him and the second victim.

The victims said that as McCarthy approached them, he pulled a knife from his pocket and opened the blade, saying, “I’m gonna smoke you” multiple times and brandishing the knife. The first victim said he had to take a large step back out of fear that McCarthy would stab him.

The second victim said the incident began when McCarthy came out of the toilet area and saw the victims look in his general direction; McCarthy reportedly became upset and asked what they were looking out, then became verbally aggressive, pulled out a knife, opened it, and walked toward them.

A witness told the officer he didn’t see McCarthy brandish the knife but heard someone shouting, “I’m gonna smoke you” several times.

The officer found McCarthy in the sauna inside the locker room; a search incident to arrest reportedly produced a black pocket knife in his pocket.

McCarthy reportedly said he had only engaged in a verbal altercation with the victims and that he comes to the gym late to avoid people because they “always mess with him.” McCarthy reportedly said he had never seen either of the victims before, but they were calling him names and bothering him.

Post Miranda, McCarthy declined to answer questions.

McCarthy has been charged with two counts of aggravated assault with a deadly weapon.

McCarthy was arrested in March for threatening his mother’s neighbor with a shotgun; at the time, he was a correctional officer, but today he told Court Services he has worked at a cleaning company for one day. Judge James Colaw denied a motion from the State Attorney’s Office to hold him without bail until trial and set bail at $100,000. McCarthy’s attorney filed a motion to reduce bond, arguing that he could not pay that amount and should be released for medical and mental health treatment, and Judge Colaw granted the motion and set bail at $15,000. McCarthy was released on bail, and on July 17, he entered a plea of nolo contendere to the charge of aggravated assault with a deadly weapon. Under the plea agreement, he entered into a Veteran’s Court covenant; under the agreement, adjudication of guilt would be withheld, with no jail time or probation, if he followed the requirements of the program for 12 months. However, the plea agreement states that if he is unsuccessful due to a new law violation, the plea will revert to an open plea in which a judge can impose a sentence.

McCarthy has no criminal history except the pending case from March. Judge Meshon Rawls ordered him held without bail pending a hearing on a motion from the State Attorney’s office to hold him without bail until trial; if the judge denies the motion, bail will be set at that hearing.

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.