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European Village Attacker Daniel Noble Pleads Guilty on 3 Charges, Faces 8 to 35 Years

| December 21, 2016

daniel noble

Daniel Noble, center, leaving court today. (c FlaglerLive)

Daniel Noble, the Army veteran of Iraq and Afghanistan who became known as the would-be European Village shooter after he pointed an assault–style-rifle at patrons there almost three years ago–and fired two shots–pleaded guilty to two counts of aggravated battery and a count of aggravated assault this afternoon in Flagler County Circuit Court. He will be sentenced on Feb. 17.

Noble, 39, of 4 White House Drive in Palm Coast, was originally charged with attempted murder. His arrest report described him having an altercation with patrons at a European Village bar, leaving then returning in military fatigues, wielding an Uzi-like assault weapon, and firing two shots before he was wrestled to the ground by three men, the same three men who’d asked him to leave earlier, when Noble was allegedly becoming belligerent.

The charges were reduced to aggravated battery and aggravated assault, relating to the injuries he inflicted, including stab wounds, on the three men— Vassili Mironov, 30, Roman Dubinschi, 25, and Joshua Auriemma, 38. Mironov was in the courtroom today but did not speak. The prosecution is likely to bring him and others back for testimony at sentencing.

Noble faces a likely minimum of seven and a half years in prison, unless the judge finds mitigating circumstances that would allow for deviation from the minimum. He faces a maximum of 35 years in prison if the penalties are stacked consecutively, but that seldom happens.

Noble’s military history and his mental state may play a significant role at sentencing. He had been judged incompetent to stand trial for much of the period since the 2014 incident, and earlier this year was granted permission to leave Flagler County for a Veterans Administration hospital in Indiana, where he was receiving outpatient care. His father, also a veteran, lives in southern Indiana, and was in the courtroom today.

His father played a role in the 2014 incident, according to the arrest report: Noble had been at the bar, enjoying himself, from witness’ accounts, until he had a conversation with his father, which soured him. His demeanor changed after that, and he claimed to patrons that his father was dying—an allegation his father would later deny. The more violent part of the incident happened subsequently.

This afternoon, Circuit Judge Matthew Foxman asked Noble several questions, as Foxman always does with defendants before him, though Noble repeatedly apologized for not having clear answers.

“I apologize, I’m a bit slow due to brain damage,” Noble said, a reference to injuries he sustained in the military.

“You’re not slow at all. You’re doing fine,” the judge said, and he was. Noble spoke clearly as he stood in front of the judge, in an oversize suit that looked fit for his stockier father than for him. John Tanner, his lawyer—and a former state attorney in this district—let Noble speak at length. Noble said he could not remember how long he’d served in the military, putting the figure at roughly six years. But it was to the Indiana facility that he credited his improved demeanor.

“It’s one of the best facilities that the VA can offer in the United States,” Foxman concurred, saying he’d done some research and, based on what he found out, had agreed to let Noble travel out of state, on bond. The prosecution had sought to keep him in Flagler.

“I can honestly say that throughout my entire life, after all the treatment programs that I have been through and accomplished,” Noble said, “I’ve never been more psychologically, spiritually sound, and I’ve never been more at peace with myself and truly happy than I am today.”

But he said he must remain there for ongoing therapy.

The judge then starkly put the gravity of the issue in perspective: “You’re facing basically at this point 35 years,” Foxman told Noble, if the punishment is “stacked.” Noble understood.

But when it came time for him to explicitly plead guilty to the charges, as he must in a plea agreement, Noble fell silent, prompting Tanner to tell the judge that, in effect, Noble does not recall what had taken place at European Village. “He doesn’t have recollection of the events beginning at the point in time before the violence,” Tanner said. His memory kicked back in only after he was wrestled to the ground.

“That’s not me, I wouldn’t act that way,” Noble had told his attorney. Nevertheless, Tanner said Noble admitted to the facts laid out, for the purpose of the plea. Foxman says he doesn’t accept a plea “unless someone accepts it” verbally before him. “I want to hear the words out of your mouth that you accept those words as true enough at this time,” he told Noble.

“Yes your honor,” Noble said, essentially pleading guilty. The judge ordered him to remain in treatment at the Indiana facility pending the sentencing hearing–a different order than before, when the allowance to go to Indiana was not a court order.

When Noble’s father spoke, he told the court that his son, the youngest of three, had “never been in trouble before,” words often heard at sentencing hearings, but seldom weighty enough to make a difference in sentencing outcomes. “It’s just one of those unfortunate 20 minutes that changed everybody’s lives,” he added.

By then Mironov–who’s sued Europa, the European Village restaurant where the incident took place, and the Flagler Beach Police Department over his own arrest soon after the European Village incident (the charges were quickly dropped)–had walked out of the courtroom, after getting a nod from the prosecutor.

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13 Responses for “European Village Attacker Daniel Noble Pleads Guilty on 3 Charges, Faces 8 to 35 Years”

  1. Veteran says:

    Lets hope this man, who sacrificed much for his country, gets the help he needs and spends as little time in jail as possible.

  2. Black and White Stripes says:

    I’m all for do the crime do the time. But prison is the last place this guy needs to be. He should have continued mental counseling and some sort of monitoring but to throw him in a jail cell especially because of war induced behavior is ridiculous. Plenty of worse people in this community who have done far worse and never get to see the inside of a jail. Flaglerlive did a story on a local now deceased Eric Zimmerman, Marine and Gulf War Veteran, 1969-2012. Don’t let this happen to Mr. Noble if he still needs mental health help.

    https://flaglerlive.com/38057/eric-zimmerman-obituary/

  3. yourpastmeansnothing says:

    Lock him up and throw away the key. I mean this guy attempted to slaughter dozens of people because he had a bad day. Furthermore, he admits to being mentally unstable. Get him some psychological help and then lock him up for a few decades.

  4. Jim Carlin says:

    I was in Bunnell at the Flagler County Court today on another matter, but present when Judge Matthew Foxman accepted the guilty plea by Daniel Noble, a veteran who served in combat in Iraq and Afghanistan. His father, a highly decorated United States Marine of the Greatest Generation, from Indiana stood by his son during the proceeding. As a Past Vice Commander of the American Legion, Department of Michigan, one of our missions is to help returning veterans obtain appropriate medical care, and as I listened intensely to Mr. Noble speak to Judge Foxman one could only have empathy and compassion for what this Army veteran has endured. Our society, the Courts, and the Veterans Administration have recognized the problems associated with Traumatic Brain Injury (TBI), which is a great improvement from the veterans of my own Vietnam War era who suffered from Agent Orange and what we now know today is the psychological term defined in the DSM-V as Post Traumatic Stress Disorder. After Court, it was a pleasure to speak with the father and I told him of the many Indiana Legion Posts I visited along the Michigan state line during my term in the Department of Michigan. Regardless of where we live, we are members of the American Legion helping veterans in our community. It was an honor to shake the hand of Mr. Daniel Noble, and his father, giving them a Semper Fi!, and being able to thank each of them for their service to our Nation. There is no doubt that there are several victims in this tragic case, but there also is no doubt that Mr. Daniel Nobel is a victim. Hopefully with the proper medical attention of the VA that is being afforded to Mr. Noble, this wonderful family can put this difficult experience behind them, and Mr. Noble may be able to improve the quality of his life. Supporting our veterans is what we do in the American Legion, and it doesn’t matter if we are members of the Department of Michigan, the Department of Florida, or anywhere across America. We are Legionnaires dedicated to helping veterans and their families. We owe it to this particular veteran to make sure this happens.
    Jim Carlin
    Past Vice Commander
    American Legion,
    Department of Michigan
    Judge Advocate,
    Orlando Memorial Post 19

  5. Komodo Dragon says:

    Yes, they do need help just like non veterans. Most claim PTSD having served just to get a disability check. Not all serving here and/or abroad were anywhere near the line of fire yet, are very savvy on how to get benefits with preferential treatment simply because they ‘served’. Surely, there are those who actually need to be rendered disabled but the abuse is far greater than the qualifiers. If this is his first offense, he should be given enough leniency to merit a probation only with community service as his sentencing. I recommend 5 years probation with 500 hours community service without being able to buy down community service hours. If this doesn’t prove to work, then the violation of probation sentence follows. In addition, an apology to all who were affected in any way shall be a prerequisite. Just saying.

  6. Greg Polansky says:

    The guy brought an UZI to a busy nightclub, stabbed a guy in the face. Oh, and the guy he stabbed in the face was a vetran.

    This guy is dangerous. He does not belong in the free world for a long time.

  7. Jed Plugarski says:

    He’s lucky he is not black. He wouldn’t be around to go to trial.

  8. Vassili N. Mironov says:

    Thank you. I feel the same way. There are people who claim 100% military disability and have PTSD and dont do this type of stuff. All he was ever trying to do was hide behind the fact that he has ptsd and thats BS. Decorated or not. All that set him off that night was the fact that we were of Russian Heritage. He’s just a racist bigot… I’ve met too many of those during my time in the service to this country. Pretty sad actually. When people of other Heritage join the US Armerd Forces they usually get treated like crap. But I guess if you’re white and from here you should get a pass on something like this guy did…..

  9. ryan says:

    So sad that many veterans face such struggles. I hope he gets the help he needs. Even if instigated by others, his reaction was way overboard and could’ve gotten a lot of people killed.

  10. Vassili N. Mironov says:

    Instigated by others? Let me ask you something. Were you there that night?

  11. Duncan says:

    He should be held accountable for actions; white, black – veteran, non-veteran, we should all equally be accountable for our actions.

    Veteran or not, I would guess there would be a lot less sympathy from others if he would had succeeded in killing; or do the lives of others not matter when a Veteran is behind the trigger?

    The guy took the time to change his clothing and return to the scene with an assault type weapon. By today’s standards, he sounds an awful lot like a terrorist (with or without Post Traumatic Stress Disorder). He is most certainly a danger to others and I don’t see how that would change anytime soon. He can get the treatment he needs behind bars. His veteran status should not allow for a pass, not for a crime of this magnitude.

  12. The Geode says:

    @ Duncan – but you and I both KNOW that the comments would have VASTLY different had this guy been “black”. I’m not claiming that everybody is a “closet racist” or bigot – I’m also not going to pretend that it wouldn’t have mattered his “skin color. We both know that’s bullshyt. However, he DID have the where-with-all to think, change clothes, return and RETHINK his actions and to see people come up with excuses is deplorable. Had he been of “Middle Eastern” descent, the term “terrorist” would have dominated the comment section.
    It’s amazing the sympathies given when you happen to look like the “majority”

  13. Vassili N. Mironov says:

    Whoever actually feels sorry for this guy you’re supporting a terrorist who wanted to murder a bunch of innocent people. But since he’s not of middle eastern decent I guess that makes it okay in your eyes. What if the tables were turned on me and Daniel Noble? What if he was the guy who stopped me from doing something like this? I would be dealt with in a swift manner. Even though I’m a Disabled Veteran as well. And Noble would probably get invited to the White House and get a handshake from the President. Just saying.

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