On Tuesday morning, Winzoir Van Durr pleaded no contest to two charges related to a 2023 shooting that occurred shortly before he was nominated for an Alachua County advisory board post.
In an emotional hearing, the defendant and the victim presented testimony that led to Judge David P. Kreider’s decision to sentence Durr to prison after he pleaded no contest to a charge of aggravated assault with a deadly weapon without intent, as well as a charge of firing a weapon into a dwelling.
In Durr’s words to the judge, “10 seconds of failure” cost him everything.
Durr, 75, made local headlines in February 2023 when Alachua County commissioners appointed him to the Alachua County Historical Commission after he had been charged with attempted homicide. Durr had applied to the position a month prior, having served in the United States Army and been an employee of the Smithsonian Institution.
County officials had been unaware of the charge and shortly moved to reconsider his appointment. This resulted in his removal from the commission.
He had been arrested on Feb. 14, 2023, after the Alachua County Sheriff’s Office said he shot at a vehicle repossession employee who had sought to repossess a grey, four-door Nissan. The charge of attempted homicide was later dropped.
Frank Harrell Weaver, the 58-year-old victim in the case, spoke Tuesday in court.
“He could have took a lot away from my family,” Weaver said.
Weaver is a father to seven children and a grandfather to 12.
He claimed that Durr asked that day in 2023 what it would take for the vehicle to stay. After walking back into his house to retrieve “paperwork,” Weaver told law enforcement Durr walked back out with a black Smith and Wesson Model 59 9mm handgun. Weaver, while backing up to leave, heard a “pop,” turned around and saw Durr holding the weapon, according to an arrest report. Durr then fired five more shots at the victim, resulting in him speeding away in fear for his life.
This differed from what Durr said in court, as he said an agreement was made with Weaver before he entered his home.
“I asked him what would it take to leave the car here,” Durr said. “He said money.”
He also said his firearm was on him at all times and that the real reason he was going back into his house was to retrieve his checkbook.
Durr’s attorney, Logan Patric Doll, asked for any non-incarceration sentence on the basis of health issues, age and contribution to the community. He argued that because of his client’s own medical issues in addition to his family’s, Durr needed to be present at home.
Durr had also never been convicted of a crime before.
Kreider acknowledged the difficulty of this case before announcing his decision.
“It’d be one thing if you maybe fired one warning shot, but multiple shots, you’ve been trained in firearms,” Kreider said. “I think it’s difficult because I think some of this may be based on your age.”
Kreider spoke about the struggle with getting men of older age to give up their firearms, due to the possibility they may make the wrong decision when angry.
“I believed I was trying to save my life and protect my family,” Durr said.
Durr was sentenced to two years concurrent with five years probation, with a condition to not contact Weaver.