Jason Ian Binns, a 48-year-old resident of Bayside Drive in Palm Coast, was jailed Monday on charges of aggravated assault with a deadly weapon and felony child abuse, both third-degree felonies, following a confrontation on and near his property with a teen he says was threatening to beat up his son.
As the 17-year-old alleged victim described it to authorities, Binns came out of the house, briefly pinned the 17 year old between the boy’s car door and the car itself, pointed a gun at him and told him in no uncertain terms to get in his car.
As Binns described it to Flagler County Sheriff’s deputies, he’d been asleep and was awakened to be told that a boy was outside his house trying to fight his two sons, one of whom is a juvenile, the other a 19-year-old man. Binns and his wife got out of the house to get their sons back in, which they did. Once inside, Binns said he shut off the lights. But at no point, Binns told deputies, did he leave the house with a firearm, since he was in his underwear.
Video obtained by the Sheriff’s Office, however, appears to tell a different story. The video was provided by the 21-year-old man who had accompanied the alleged victim to Binns’s property. According to a deputy’s report, it shows Binns “exit the front of the residence holding a hand gun in his right hand. [Binns] then approaches [the alleged victim] in an aggressive manner, shouting at [the boy] to ‘get in his fucking car.’ [Binns] simultaneously raises the gun and points it at [the boy] then lowers the firearm and pushes him into the car.”
Deputies interviewed all parties in the confrontation. There was little disagreement about the origin of the conflict. Binns’s juvenile son had been in contact with a girl. The alleged victim didn’t like that, spoke ill of Binns’s son, then told him that he would fight him, though one of those at the scene said the intention was not to fight but to talk it out–and that it was the Binns brothers who had asked the alleged victim to come over to talk things out. The alleged victim had told the Binns brothers that he would be driving over so they would settle the matter, according to others the deputies interviewed. He took along a 21-year-old friend. They showed up at the Bayside Drive house late Sunday night, near 11:30 p.m.
The Binns brothers met them at the edge of their driveway. A verbal confrontation ensued, the brothers standing on their property, the alleged victim standing by his car’s door, though it’s not clear if and at what point he stepped onto the Binns property. The man accompanying the alleged victim said the Binns’s property line was never stepped on. At some point Binns was woken up and came outside. His wife told authorities that the alleged victim had threatened to beat up both of her sons and kill the younger one, and that her husband came out out of fear for his children’s safety. She conceded that her husband placed both hands on the alleged victim’s chest and “guided” him off their property and into his car. She said the family retreated to the house and shut off the lights, though the alleged victim stayed in his car in the street, with his high beams on until deputies arrived. The alleged victim was in his car, calling 911.
“It should be noted,” the arrest report states, “that the firearm was not located on [Binns] during the investigation. A consent to search the residence was not granted by the residents on scene.” For such a search to be conducted without the residents’ permission, and absent probable cause that a crime was being committed inside, deputies would have to obtain a warrant.
Binns was booked and released from the jail a dozen hours later on $5,000 bond and a no-contact order regarding the alleged victim, though he was not required to surrender his firearms, as is sometimes the case in such arrests. Eight years ago Binns’s wife pursued a domestic violence charge against him. It was resolved through a deferred prosecution agreement, which required Binns to agree to a set of conditions and fulfill certain requirements which, once fulfilled–they were–led to the charge not being prosecuted.