Waywood Place is a residential neighborhood in the heart of Palm Coast—near where Pine Lakes Parkway and Belle Terre Parkway intersect. Late Friday night, a shooting shattered the neighborhood’s quiet and left a family fearing for its life: The shot, or shots, were fired into the house at 3 Waywood Place, where a 5-year-old and a 4-year-old child, along with their mother and grandparents, were hiding. One .45-caliber bullet ended its trajectory in a child’s toy.
The alleged shooter outside was the children’s father: Christopher Avellar, 30, who’s now at the Flagler County jail on $20,000 bond, facing several charges: aggravated assault with a deadly weapon, domestic violence battery, and six counts of shooting or throwing a deadly missile.
Avellar, judging by his Facebook page, is a gun enthusiast: the profile picture on his page featured an assault rifle next to a handgun. The photo collection on the page is divided between images of weaponry, shot-up targets, ammunition and, in one case, the Arabic lettering on a weapon (next to an imprint of the American flag), alongside numerous images of Avellar’s young children.
Avellar and Nicole Booher, 30, are parents to the two children and live at 4 Riding Place in Palm Coast. At 6:30 p.m. Friday the couple got into an argument about family issues, according to police reports. Booher was trying to record the argument with her phone. (It is illegal, under Florida law, to record a conversation or a verbal exchange without both parties consenting to being recorded, though authorities on occasion take extenuating circumstances into account.) Avellar grabbed Booher’s right wrist to try to get the phone out of her hand, the report states, and “also pushed her into a kitchen counter.”
A deputy would later observe bruising on Booher’s right wrist, several small lacerations on the top of her knuckles on her right wrist, and a 2 to 4 inch bruise on her left hip. She left the house with the two young children and went to her in-laws on Waywood, Lucy and David Avellar.
At 10 p.m., Chris Avellar arrived at his parents’ house and “began to violently bang on the front door, and he was yelling and screaming,” according to police reports. Booher told police she knew he was armed, because, she said, he always is. “She became afraid for her and the children’s safety,” a report states. She took the children upstairs and hid.
Avellar’s father David went outside to speak with his son. The two argued over what had taken place earlier in the evening on Riding Place. Then, according to the report, a neighbor saw Chris Avellar take something out of a vehicle, walk to his parents’ house and point the object in that direction. A gunshot was heard, and 911 called at that point. Avellar’s father was able to get the gun from his son, and took it into the house to put it away.
Deputies arrived on scene, but the sequence of events between that moment and when additional deputies arrived is unclear. At one point, both Avellar men were on the ground, at gunpoint, under the guard of two deputies, before they were both removed to deputies’ cruisers. But only Chris Avellar was arrested and charged.
A .45-caliber casing was found in the road, and a bullet that had gone through the garage door and a cabinet was found resting on a child’s toy inside the cabinet, according to the report. Avellar’s weapon was a Springfield Armory XDS semi-automatic handgun loaded with a full magazine of .45-caliber hydro shot rounds. In addition to the children, their mother, their grandmother, and a family relative was also in the house when the weapon was fired.
Avellar has a long history of traffic infractions in Flagler County, with some 17 traffic cases over the past 10 years. A felony robbery charge against him was dropped in 2002, and adjudication was withheld on forgery charges the same year.
His featured Facebook quotes are from Sun Tzu’s Art of War: “Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.” And: “In the practical art of war, the best thing of all is to take the enemy’s country whole and intact; to shatter and destroy it is not so good.”
I recognize this guy, the tattoo on his neck is a dead give away. Scary to think that $2,000 bail money and this guy and his arsenal are back on the streets.
Jackie Mulligan says
Another of Flagler’s Finest.(not)
Long track record, in the revolving door of justice.
Takes a big man to scare and abuse women and children, he should have been held without bail, with the type of guns he has.
When are the police and State Attorney’s office in this county going to stop giving these repeat violators a low bail and a slap on the wrist and sending them out to repeat and repeat?
hope his family gets help to relocate out of the area, so they do not have to have this happen again.
You are right on Jack. I don’t know why they don’t have this guy on attempted murder. Suppose one of those children were behind that garage door, then what? Just keep letting them out, that really solves the problem doesn’t it.
Jethro needs an “attitude adjustment” ! Now take his his “Peashooter” away and give him a felony record so he can NEVER again have possession on a gun. Yee Haa !!!!!!
It break my heart to think of the children “hiding” from their father with a gun. I pray that this mother does NOT let this sperm donor back into her home and he gets the “help” he needs, whatever that may be! Prison sounds good to me
Many blindly accept the myth that there is “help” out there for those who want, need or seek it. Time for a news flash.
His right to carry guns will not be revoked UNTIL after he is convicted. In the meantime, full access to his weapons will be his right. This is why victims end up hurt, scared, or worse, dead. Oddly enough, as soon as you are arrested for a DUI, your license is revoked until you go to court. I truly believe, that if you are charged with a violent, weapon charge, your right should get taken away until you can go to court. Our laws were written when it didn’t take a year to go to court or stand trial.
Reply to – “His right to carry guns will not be revoked UNTIL after he is convicted”
He still has to turn them over until the court case is resolved one way or the other. Right to own is one thing, possessing guns is another. The felon gun law act is bogus anyway. If a felon wants a gun or wants to commit a crime with a gun he’s going to get one whether the gun is legal or not. That law was meant to allow the government hand out multiple felony’s and block voting and other rights they deem that made one an American.
Safety guy says
Get this straight the first time. In the State of Florida if you use a firearm in an aggressive manner and are arrested for assault and battery your right to have firearms is immediately imposed. You have just committed a felony and will serve a mandatory Prison sentence, period. http://www.flsenate.gov/Laws/Statutes/2012/790.19