Christopher Todd Lemke, a 70-year-old resident of 20 Rymen Lane in Palm Coast, was arrested and charged with two felony counts of aggravated assault after allegedly pointing his gun at neighbors and threatening to shoot them if they continued setting off Independence Day fireworks the night of July 4.
A pregnant woman and children were among the neighbors watching the fireworks.
According to his arrest report, Lemke himself told Flagler County Sheriff’s deputies that he confronted his neighbors with his Walther .22 caliber handgun as their fireworks were going over his house. He said he took his gun because “he was afraid due to being older and there being multiple people he was confronting,” he told deputies, according to his arrest report. He “claimed he did not point his firearm at anyone but only pointed at the ground when confronting neighbors.”
The person who called 911 had been visiting his father, friends and siblings to celebrate the occasion. Lemke, the caller told deputies, came out of his house to complain about the noise. He had a gun in his hand. That prompted the revelers to move down the street. About 15 minutes later, Lemke came out again, this time with the firearm’s green laser pointer on, and he said, according to the caller: “Next person to light one of those off is getting one of these.”
Deputies interviewed several neighbors who provided similar accounts, recalling Lemke’s words with only minor differences. One of the neighbors said Lemke did point the firearm at two people, one of whom stepped in front of his family to protect them. A third neighbor described Lemke as “agitated” the second time he came out, with the green laser on. A fourth neighbor also corroborated the account.
Lemke was booked at the Flagler County jail on $5,000 bond and ordered to nhave no contact with his neighbors and to surrender all firearms to the Sheriff’s Office pending the disposition of the case. He was still at the jail when this article initially published.
None of the revelers were arrested or cited, though some of them had broken the law: setting off fireworks without a permit in Palm Coast is illegal.
Palm Coast’s code is clear: “It is prohibited and unlawful for a person or entity to use, explode, or store, fireworks in the City,” unless the fireworks have been permitted, or are used for a legitimate agricultural or railroad purpose. The code is less clear on sparklers.
The ban used to be statewide. The legislature made the private setting off of fireworks on some dates, in some places, without a permit, more permissible. It did so in 2020, lifting the ban on New Year’s Eve, New Year’s Day and Independence Day.
“Unless a local ordinance prohibits them,” Sheriff Rick Staly said on WNZF’s Free For All Friday last week: the state law, in this case, does not override existing ordinances.
“So in the city of Flagler Beach and the city of Palm Coast, fireworks are prohibited,” the sheriff said. “Everyone else, they’re legal in the unincorporated areas and the towns that we have, because they don’t have an ordinance prohibiting it. So here’s the deal. For a deputy sheriff to make an arrest, we have to see the violation, and usually by the time we get there, from the citizen that calls in, the fireworks are over, or if we don’t see them light them where they are prohibited, we cannot make an arrest. Now, we can seize the fireworks and have them destroyed, those kinds of things.”
The sheriff and other local officials had been encouraging people to enjoy the fireworks show produced by local governments at the county airport Tuesday evening. The incident in the R Section took place around the same time as the officially sanctioned fireworks.
David Schaefer says
Keep the clown locked up who knows what this person would have done if he came out of his house a third time. People this age should not have any weapons what so ever.
R.S. says
And that’s the kind of situation one gets when it’s permitted to carry arms openly. By our governor’s newly signed laws, Mr. Lemke was in the right here, was he not? He was armed to protect himself; and I do understand the feeling when the popping and crackling and hissing of fiery stuff goes on in the entire neighborhood with dangers of fire or damage to property threatening easily intimidated souls. Just because a large group engages in youthful silliness does not make that dangerous silliness a laudable or even tolerable activity.
For Real says
With the irresponsibe new gun laws DeSantis signed into law, there are going to more gun issues happening.
Glad no one got hurt. Before you confront someone with a gun, call the Sheriff first and let them handle it. If this loser had done that in the first place he wouldn’t have gotten arrested. Use common sense, but it seems now a days not to many people have that.
Nephew Of Uncle Sam says
O Joy, this could have become one of the multiple shootings in other red States this holiday. Ban unhinged individuals from owning guns in Palm Coast, NOT Fireworks.
Tony says
Welcome to the republican world – guns – guns – guns !!!!
Land of no turn signals says says
Fireworks are illegal,neighbors should have been arrested.
jeffery seib says
This poor guy made a big mistake allegedly brandishing a firearm in front of his neighbors. Keep the guns under lock and key inside the home. But this firework thing is terribly frustrating to many of us here in Palm Coast. Most of the time it’s not even for the children. It’s retirees from the north where fireworks are really illegal reliving their childhood with huge and incessant bombastic displays. The police laugh if you call to complain, and fireworks stores pop up all over this time of year. So, the city does nothing, the police do nothing, and the offending parties may put a firecracker in your pants. In my neighborhood this year fireworks were a five-day affair, every night. These ‘bombs bursting in air’ scare my pets, the deer and other wildlife and are an annoyance at best. I guess the police and city government are telling us ‘don’t like it, tough’. In addition, these partiers and authorities and everybody else also don’t consider that there are some members of our community suffering from PTSD from their military service and are traumatized by this stuff. Grow up, it’s time to end this now.
Wait a minute. says
Doesnt the observation of a violation go both ways??????????????????
Rea says
Too many people here!!!!
Kat says
Fireworks are frightening to many veterans, first responders, survivors of violent crime, and other people with post traumatic stress disorder. They can also be extremely stressful to animals. More pets go missing, due to fireworks on New Year’s Eve and Fourth of July than any other days of the year.
In Europe, they have developed noiseless fireworks that still give the same visual effect, but without the banging and popping.
The Geode says
1. He is lucky to not live in Bunnell. If he thinks his neighbors are bad, they have been lighting fireworks for the past two weeks – some of them past midnight (I’m talking mortars, not sparklers or firecrackers).
2. WHY is half the story dedicated to the breaking of the law, ordinances, and whatever concerning fireworks if nobody is going to enforce it?
3. Even though he probably could have handled the situation a tad bit better than he did – I can understand why he did it…
TR says
I agree it was stupid for Lemke to go outside with his gun, so he should have been arrested. But why wasn’t the people shooting off the fireworks also arrested. They also broke the law in Flagler Country. Questionable actions by the FCSO if you ask me.
time day says
why do palm coast have a law no fire works then they do zero to enforce the law fell bad for the man they must have drove him to the point and now we have a fire from the fire workes police need to enfores the law or just get rid of it
DaleL says
I do NOT condone Christopher Lemke’s actions. He should NOT have left his property or brandished a firearm. However, he was confronting people who were engaged in a criminal activity. “…setting off fireworks without a permit in Palm Coast is illegal.” Further, the local police (sheriff) made no attempt to enforce the law. “None of the revelers were arrested or cited, though some of them had broken the law:”
Based on a quick Internet search, I believe that brandishing a firearm is a first degree misdemeanor in Florida. The illegal possession, storage, and setting off of fireworks are also misdemeanors. The dangers from fireworks are well known. In Palm Coast, July 5, a house and several cars were set on fire from fireworks. “Spent fireworks in a garbage can set vehicles, garage on fire in Palm Coast” https://www.news-journalonline.com/story/news/fire/2023/07/05/home-and-vehicles-set-on-fire-by-fireworks/70383502007/ As such, Mr. Lemke may have had reason to believe that he and his property were in danger.
Selective enforcement of laws violates the Constitutional requirement of “Equal Protection” in the 14th Amendment. The confrontation would have not occurred without the illegal fireworks. Based on Mr. Lemke’s statement and actions, the evidence at the scene, other witness statements, I think at least one or two of the revelers should also have been arrested. Not doing so undermines the perception of equal justice and the rule of law.
John Stove says
Things like this are going to continue to happen….our MORON neighbor on the corner of Covington and Chelsea was setting off professional grade fireworks in his front yard. I mean the kind that sounds like a mortar shell going off and then exploding over everyone’s roofs. These were not your typical roman candles or bottle rockets.
These idiots dont realize that those burning embers landing on our screened lanais will melt holes in the screen and if it lands in dried vegetation it will start a fire……but yeah “…..Amurica, USA, USA, USA!!!
The next morning, the street was littered with all the launching debris, trash and cigarette butts.
I served, fly a flag every day and I consider my neighbors when I celebrate events….I wouldn’t be surprised if these imbeciles didn’t injure themselves lighting these things,
Skip Degan says
Why were those using fireworks illegally not cited? I have no issue with fireworks, you have to cite illegal activity, regardless of the nature of it.
TR says
No he was not in the right. You can not OPEN carry other than within your own property lines. The only thing different with the new law is you don’t need a permit to CONCEAL carry. While buying a gun legally there will still be a back round check. Of course you can buy one privately just like you can before the new law went into effect. The problem I have with this situation is Mr. Lemke was wrong on how he handled it, but the people shooting off the fireworks weren’t arrested. Firework set off by residence in Palm Coast is forbidden and illegal. They also should have been arrested on the mist. charge.
RC says
I agree, apparently California doesn’t have the castle doctrine. If some lighting them off are told to stop and informed they are landing on others properties and homes then it’s no longer an accident if they continue lighting them off. Many people are going to see that as a threat to their life and property. This guy should not have even been arrested, it should have been the other way around. California has some dumb gun laws though. The person lighting them off is essentially attempting arson on his neighbors. That’s justifiable cause in all 50 states to protect yourself and property from arsonists.
RC says
I agree, poor guy
RC says
Yes, he informed them to stop and that the fireworks were flying over his hour which is a danger to him and his property. When they continued setting them off it was no longer an accident, they were willfully putting him and his property in danger of fire, injury, or death. At that point the people lighting them off become attempted arsonists in my eyes. I feel really bad for the guy. Im very disappointed in the authorities not doing the right thing and also charging the others for attempted arson.
Mary Fusco says
This place is something else. Early Tuesday morning, I was listening to the radio and the Sheriff was saying that fireworks are ILLEGAL. He continued to say that unless a deputy caught someone in the act, there was nothing they could do. So, I guess I am free to run red lights, shoplift, sell drugs, etc. as long as I am not caught in the act? What this man did is ridiculous. However, those with the fireworks should have also been arrested. I am amazed that people go beserk over a car parked in a swale or garbage pickup missed but have no problem with one of these fireworks hitting their home or trees and starting a fire. Bottom line is either they are legal or they are not. There is no wiggle room. For the record, I have no problem with fireworks. I just don’t want my house to burn down.
C.M. says
OK what does his age have to do with owing a gun? There are plenty of people alot younger that own guns and do stupid stuff like he did! There should be a common sense test to give to all gun owners, if they fail NO GUNS. Police are the only ones to carry guns!
FlaglerBear says
Let me just say 2 things about fireworks. In my previous life I was a cop in South Florida, where people LOVE their fireworks. New years Eve, Memorial Day, 4th of July, Sweet 16’s, you name it. The fireworks would begin days in advance. The switchboards at PD lit up all night with complaints. It’s IMPOSSIBLE to enforce fireworks laws, so don’t even expect your local cops to even try. When you have 65-75 % of your own residents using fireworks, and your short handed running call to call on other emergencies, it ain’t gonna happen. Unless you get compliance from your citizens, which never happens, you’re out of luck. But if you think Palm Coast is bad, we are relatively lucky. Trust me. People in South Florida spend megabucks on their fireworks, so on the 4th of July, it literally sounds like a war zone from about 6pm-2am. Count your blessings.
Deborah Coffey says
Absolutely.
JimBob says
Well, Dave, I guess we’ll have to rewrite that ol’ Second Amendment thingy!
R.S. says
On the other hand, no person over 60 is a well-regulated militia, are they? They’d probably not get drafted. So let’s really restrict it only to people who might serve in that well-regulated militia, huh?
facts first says
Chicago? DC? NYC? LA? SAN DIEGO?