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European Village Shooter Facing Up to 35 Years in Prison Is Termed an “American Hero” and Gets 7 Years’ Probation

| May 30, 2017

daniel noble

Daniel Noble, right, when he pleaded guilty in December. (© FlaglerLive)

Two and a half years after what could have been a bloodbath at European Village, Daniel Noble, who had brandished an assault rifle at patrons there, was facing eight to 35 years in prison when he appeared before a circuit judge in Flagler County court Friday.


He got seven years’ probation.

It is the most radical downward departure from a mandatory minimum sentence in recent memory. The sentence left one of Noble’s victims in disbelief.

“It’s completely ridiculous what he got after what he did,” Vassili Mironov said today. “But I’m not the judge, it’s not up to me.” Mironov, like Noble, is a military veteran. He said he doubts Noble would have been treated so leniently had he had a background and name that sounded Middle Eastern—or Russian, like Mironov’s. Mironov said he himself was treated differently from the way Noble was subsequent to the European Village attack, whether by local police or by the Veterans Administration. “Imagine if this guy was from the Middle East, he could have gotten whole complete different sentence.”

The night of March 15, 2014, Noble, then a 37-year-old Palm Coast resident, got into an argument with patrons at European Village’s Europa Lounge, went home, changed into fatigues, armed himself with two hunting knives and an Uzi-style assault weapon, and returned to European Village.

He entered the area through Mezzaluna’s kitchen—dressed like Rambo, witnesses would later say—told a kitchen attendant that he was going to “the next fucking room,” then appeared in front of Europa, where he pointed the weapon at Mironov and Roman Dubinschi, two of the three men Noble had words with earlier. They jumped him, trying to disarm him. He fired two shots and took out one of his knives, stabbing Mironov in the eye and both his hands, and injuring Dubinschi, before the two men, joined by a third friend—Joshua Auriemma—managed to disarm Noble.

Noble was arrested and initially charged with attempted first-degree murder. Mironov and his friends were never recognized in Palm Coast or Flagler County for possibly averting a bloodbath. Their own arrest the same week on dubious charges, soon dropped, may have tarnished their reputation, though Flagler Beach government agreed to settle a lawsuit for false arrest with Mironov, for $6,000, in March, and the International Peace and Film Festival in Orlando recognized the three men for their bravery last year.

Over time, Noble’s case evolved from a first-degree murder charge to charges of aggravated assault. His competence to stand trial became an issue. He is a veteran of the Iraq war, where he was wounded. He suffers from Post-Traumatic Stress Disorder, is on 100 percent disability and was diagnosed an alcoholic and a victim of a “traumatic brain injury,” according to court papers. The court was lenient with him, allowing him in an unusual departure to seek treatment at a veterans’ facility in Indiana pending trial. Just before Christmas, he pleaded guilty to two counts of aggravated battery and a count of aggravated assault.

When his criminal scoresheet was tallied, the result was plain: according to Florida’s sentencing rules, his minimum prison sentence was to have been eight years. He was facing a maximum of 35 years in prison.

Judge Matthew Foxman. (© FlaglerLive)

Judge Matthew Foxman. (© FlaglerLive)

Noble’s attorney, John Tanner, a former state attorney in the judicial circuit that includes Flagler County, argued in a pre-sentencing motion that the judge should apply what’s called a “downward departure” from the mandatory minimum. Judges are allowed to do so, as long as they justify their ruling.

“This is an exceptional case in which a sentence in accordance with the sentencing guidelines would destroy the life of an American hero and result in a grave injustice,” Tanner argued. “Considering the totality of the facts and circumstances in this case, Daniel Allen Noble prays that this Court will wisely exercise its judicial discretion and enter a sentence which is a substantial downward departure from the sentencing guidelines.”

On Friday, Circuit Judge Matthew Foxman did just that. Acknowledging that the incident could have gone “radically differently,” he sentenced Noble to seven years’ probation, and charged $150 for investigative costs. (Foxman, who is back in Volusia County court, had presided over much of Noble’s case when he was presiding over Flagler County’s criminal court, and had shown pronounced sympathies for the veteran along the way.)

“They glorified him as a war hero and all of that,” Mironov, who took part in the sentencing hearing from Louisiana by teleconference, said. “What this man did to me, it messed up a good part of my life. I still suffer from it every day, it affects people around me and my wife, my personal relationships, so I see he only got probation after what he did, it’s—I don’t know. It doesn’t seem fair. He changed me as a person. I used to be friendly, polite, now I’m irritable all the time, I can’t talk to people, I can’t concentrate at work.” Mironov, who was twice deployed in the Persian Gulf when he was in the Navy, is trying to pursue a career in law enforcement.

Tanner in his filings to the court included numerous images of Noble as a serviceman, in Iraq, in Kuwait, along with letters from family and friends of Noble’s, among them a letter from his brother, Bryan Noble, the town Marshal at the Odon Police Department in Indiana. “When he returned home from the war,” Bryan Noble wrote of his brother, referring to his sunny personality, “that light seemed to fade. You could tell by the look in his eyes and the change in his personality that he had seen and done things that tainted his inner glow, bringing it to a dim fade, if existing at all.”

Mironov said he’d seen Noble’s eyes “light up like fireworks” that night at European Village, before Noble had gone home to change into his Rambo outfit. The reason: Noble was told that Mironov and his friends were of Russian extraction, which got Noble agitated. He thought they were part of the Russian mafia, Mironov said, and Noble wanted to “exterminate” him and his friends.

Those speaking and writing on Noble’s behalf note, as his brother did, that “there are no excuses for what has happened.” Noble himself says he does not remember the night at European Village.

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34 Responses for “European Village Shooter Facing Up to 35 Years in Prison Is Termed an “American Hero” and Gets 7 Years’ Probation”

  1. Will Awdry says:

    OK. Did they at least take his weapons away and make sure that he cannot purchase or own a firearm in the state of Florida in the future?

  2. Wtf says:

    Wtf🤦‍♂️

  3. Duncan says:

    “American Hero” or not, that is just wrong. I hope the Judge does not regret his decision in the future due to another incident.

  4. Heading North says:

    As is the norm in Flagler County Judicial proceedings, another dangerous person, first charged with attempted murder, then dropped to aggravated assault, now gets NO prison time, and a mere probation sentence, which he will probably violate.
    I’m sorry, but the judges and system, State Attorneys, are a laughing stock and a JOKE!

  5. wishful thinking says:

    Disturbing ..does PTSD excuse violent behavior against innocent people? Did I miss something ? If the judge didn’t require mandatory rehab at a veteran center as well as prohibit ‘ the hero’ from ever owing any type of gun ,what is his excuse? Very disturbing indeed…

  6. Vassili says:

    There you have it folks. AMERICAN HERO through and through….. maybe if the Victims were of higher social class then it would have been different. Because I am of Russian origin I am a minority in this country. Therefore in some people’s eyes a second class citizen. Besides the fact that I am an honorably discharged navy veteran and a “Disabled AMERICAN Veteran” this was nothing but a hate crime…… wouldn’t surprise me if the Mayor of Palm Coast and Governor Rick Scott comes down personally to congratulate Noble…. SMH. Disgusting….. and I will always have live with the damage that he did to me…..he changed me as a person….. I used to enjoy life…..

  7. Wtf says:

    Living in palm coast has taken the light from my eyes.🖕

  8. Kevin Stevenson says:

    It’s a requirement in every state.

  9. Violet says:

    Absolutely unbelievable!!!! He leaves Europa, after an argument, goes home, changes, get his weapons and comes back to kill. And, he gets off with probation!! I don’t care if he was a hero…that does not negate this premeditated attack. He stabbed a guy in the eye!!! His own family says he came back from war as a different person. Unfortunately, these are the folks who flip out – he needs help but he sure doesn’t deserve to be on probation. Unbelievable!!!

  10. Baffun Gool says:

    Foxman does it again………he’s a disgrace to his robes.

  11. Freddy says:

    When someone uses a fire arm with the intention to kill or do bodily harm I do not care hero or not this sentence is too lenient. That is why we have so many criminals running around loose because of bleeding heart judges and we should remember them next election.

  12. Lazaruis says:

    Wtf..
    No mandatory counseling?
    No house arrest with an ankle bracelet ?
    This guy has serious problems and has just been released into the public domain .
    What happens next time ? Longer probation ?
    We have enough nutball walking around here already !!

  13. Knightwatch says:

    We all have to understand that if you’re a white male in the south, you have a license to carry, to threaten, to shoot and to kill. Now, this guy got seven years of probation. If he shot and killed someone black or brown, he’d have gotten maybe 30 days of community service, like polishing statues of Confederate slaveholders.

    Gotta love it.

  14. No1 says:

    Vassilli …Don’t matter if you are Russian or not you claiming both! If you are an American then you are an American truth is all of you were drinking that night and this was not your first run in with law enforcement were you not the subject of a aggravated assault with a deadly weapon at the same location a year or so prior !??? Regardless if charges were dropped u were involved and did you not get the same justice weigh scale to fall in your favor …Don’t act like you were just an angel !!!!!

  15. another vet says:

    PTSD should not be used as a get out of jail card. I’m a disabled vet and and it makes me sick to hear that used over and over for anti social behavior, and before all the questions start flying ,yes I saw bad shit too

  16. RayD says:

    Since someone was seriously injured, probation is not appropriate. This could have been prosecuted as a hate crime. There seems to be a tendency to be light with first time offenders locally. There is a local realtor who was arrested for stealing narcotics and charged with a felony for possession and also petty theft while showing a home. She was allowed to do a pre trial diversion and to this day is showing homes. Mr Noble will walk free in the community. Everyone deserves a second chance but, what about the victims? It’s on this judge if Noble decides to go hunting for Russians again.

  17. Kanonimo says:

    Seems extremely unfair. Lady Justice is blind, and no EXCUSE for this guys actions. I am with the Russians on this one.

  18. Good thing says:

    Good thing the legislature passed that 10-20-life law to discourage gun violence.

  19. Lazaruis says:

    Wait a minute
    I just read an article in flagler live how the police chief said we have very little hate crimes ??
    What’s to hate about a Russian in flagler beach .? This place is full of future potential victims …

  20. RickG says:

    This is incredible. I wonder where the connection is that got him probation?

  21. Parkfam42017 says:

    They better strip this dude of all his gun rights and rights of owning any type of weapon ecspecially a firearm!!!! He obviously ISNT mentally stable enough to own ANY FIREARMS OR WEAPONS WHATSOEVER!!! Theres so much wrong with this case. I do understand and get both sides and where they are coming from but this ‘Noble’ guy is completley in the wrong for what he did. If he felt threatened while in the situation is one thing, but he removed himself from his (soon to be)victims presence and retreated to his house where he armed himself and dressed to look like “Rambo”. The moment he decided to arm himself and step one foot out of his house with the intent and plan he was carrying out, is a direct violation of the conceal carry laws and the stand your ground laws that would have been in question had anyone been stuck by a discharged round from nobel’s firearm which there were two(2) of. And all hes getting is probation… Bullshit, because if it was anyone else and i mean anyone from a old man or woman with no record to a young guy or gal with no record, i feel they would have gotten a year and a day minimum as a sentence with probation to follow if it was anyone else. How much did this lawyer get paid and i hope if anyone else is ever in this position but for a legit reason they use this case to show their innocence. But only if they are in the right. If you break the rules and get caught you have to man up. Be a responsible adult and do whats right in this life. We only get one!

  22. Ben Dover says:

    this judge should be removed from the bench..this is a disgrace..also folks, i believe, this sentence can be appealed..step up and call your senator!!!

  23. Paul says:

    Thousands of men and women went to war. Do they all get a pass? I’m a disabled vet. Does that mean that I can do as I please? If Noble were African-American or of Middle Eastern descent, I know the sentence would not have been so obscenely lenient. They would have given the maximum punishment. Gotta love this covfefe country.

  24. Capt says:

    What a pathetic excuse for a Justice system in this county. I’m a veteran of the later parts of Vietnam and the Iraq war. I really didn’t know PTSD could be used as a way to side step the laws of the Justice system.

  25. Buy Local says:

    Judge Foxman how in the world could you let this man have another chance after bringing a firearm in public to kill? How??? Is this not your job to avoid a re- occurrence of this sort of thing.

    Vassili, hang in there and be strong. Thank you for saving lives.

  26. Anonymous says:

    And my kid did 3 years of prison for burglary of an unoccupied dwelling. This man should have got the 35 years. I no about PTSD. Its not an excuse. This is why Palm Coast sucks. Gee I wonder if id get away with that.

  27. Bc. says:

    That’s bull that’s why palm coast is turning into a ghetto In some areas they keep letting the criminals walk our streets lock them the hell up they do the crime they should get the time in jail not a slap on the wrist

  28. Yevgeniy says:

    As a Russian-born American citizen who has lived in this country since the age of three, I find this case to be particularly disturbing. I remember reading about the disheartening fashion in which Vassili was initially treated when this case first unfolded. He is the one who I consider to be an American Hero, not Daniel Noble. Hailing criminals as heroes while undermining the integrity of our legal system is a good way to erode away the last remnants of public faith in the criminal justice system.

  29. Anonymous says:

    GOOD

  30. Anonymous says:

    Good luck man u did it proud of u

  31. Smarterthanmost says:

    I’m sure this judge would have ruled differently if he or one of his family members was attacked. The judicial system in this county-state-country is a disgrace.

  32. Concerned citizens says:

    As many have already expressed that this sentencing is ludicrous. The fact that no one lost their lives by the hands of this “hero”is because the true hero reacted. This man premeditated his actions with full intent to commit a hate crime against people that were not like him…PERIOD. His military training left him in this moment and he acted as a low life animal. He acted as a TERRORIST. And of course is not treated, tried, or punished like one but yet a hero? Can was say double standard? I ask eevyone that disagrees with this verdict and sentencing to call your house representative and call for justice to be served. This judge and states attorney should be forced to resign, they just put every citizen in Flagler County at risk. Apparently public safety is disposable for a story of a “hero” who traded his hero status for a terroist in an instant.

  33. IvanShmakov says:

    Regarding Vassili. Trust me he understands the whole Veteran Issue with Noble since he’s a Disabled Veeran himself. But really what is he supposed to do? Feel compassion for somebody who tried to kill him because he was born in a different country????? This was definitely a Hate Crime and I’m surprised it wasn’t treated as one.

  34. VoiceofReason says:

    Are you a Detective or an LEO to be making allegations like this? I’ve read Vassili’s report in this matter. He was not even arrested in this matter. Nor does it say he was there at all. The report consists of two drunken individuals accusing him of something he supposedly did. Sounds very familiar. Almost like when he got arrested at Flagler. Oh and didn’t he sue and win in that case as well. It all sums up that he doesn’t seem to be the guy he’s accused of being. But I guess that goes hand in hand when you have a Russian name in Palm Coast.

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