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On Tuesday, October 17, 2023, PCSO Homicide detectives arrested 58-year-old Daniele Hamilton of Westwinds Drive in Davenport and charged him with second degree murder, discharging a firearm from a vehicle, shooting over a right-of-way, and tampering with evidence, after an around-the-clock investigation that began around 2:15 a.m. on Sunday, October 15, 2023.
Click here to hear Sheriff Judd's comments about the arrest.
The victim, 58-year-old Kevin Berry, was heading to work in Polk County during the early morning hours on Sunday from his home in Altamonte Springs when he engaged in an altercation with another motorist on the I-4 off-ramp to US Hwy 27 in Davenport. The altercation was witnessed by at least one person, who told detectives they saw the victim and his white truck stopped in the middle lane of the off-ramp, yelling back and forth with an unknown person parked in a car behind the truck and in the right lane. Berry was found lying on the ground outside his truck with a gunshot wound, and taken to a local hospital. He succumbed to his injury on Tuesday, October 17th.
Detectives began collecting evidence from the scene and the surrounding area, including video footage. Detectives were led to the suspect’s home in Davenport on Tuesday, October 17th, where they questioned Hamilton, who initially denied being involved and claimed he was a witness to the road rage incident. During a search warrant, detectives found Hamilton’s .38 special revolver in his bedroom, and spent shell casings in the bedroom trash, at which time he said to the detectives, “You’ve found what you need to find so we can go [to jail].” Detectives took Hamilton into custody without incident and booked him into the Polk County Jail.
“My detectives investigate every homicide as if the victim were one of their own family members – they work around the clock, without sleep, and leave no stone unturned until they solve the case. I’m very proud of them, and very disappointed in this man who simply could have driven away when engaged in an argument with the victim. Now he’s charged with several felonies and is facing some serious prison time.” – Grady Judd, Sheriff
Daniele Hamilton’s criminal history includes the following previous arrests:
1986 – arrested by Orlando Police for disorderly conduct
1987 – arrested by Orlando Police for contempt of court
1994 – arrested by the Lowndes County (GA) Sheriff’s Office for possession of a controlled substance
1995 – arrested by the Texas Highway Patrol for a drug money charge
2005 – arrested by PSO for forgery and counterfeiting
2006 – arrested by PCSO for violation of probation
2013 – arrested by the Orange County Sheriff’s Office for robbery (downgraded to larceny) and battery