BREVARD COUNTY, Fla. — An argument between neighbors over feral cats led to a shootout that left a 45-year-old man dead and a Brevard County deputy wounded Tuesday evening near Indialantic, according to the Sheriff’s Office.
Deputies said the shooting happened at about 8:30 p.m. on Avenida de la Vista.
Sheriff Wayne Ivey said Deputy Paul Phillips responded to a disturbance in the area regarding feral cats and asked Erik Gebauer to leave the area so he could speak to the other neighbor, who said Gebauer made threats.
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Ivey said Gebauer became uncooperative and agitated, so Phillips called for backup. He said Phillips lost sight of Gebauer, who walked behind a vehicle. Phillips heard a gun being chambered while he was walking toward Gebauer.
Deputies said the two then engaged in a gunfight, with both Phillips and Gebauer being shot. Ivey said Phillips expended an entire magazine round in the shootout.
"The gunfire lasted long enough for our deputy to expend all the rounds of one of his magazines, reload and reengage the suspect," Ivey said.
Ivey said Phillips was pulled to safety by a neighbor while Gebauer died of his wounds.
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"The neighbor pulled our deputy into the driveway where he could have some cover," Ivey said.
Neighbors said there's been ongoing controversy over the feeding of feral cats in the area.
"Well, we do have too many feral cats in the neighborhood. But you don't take a gun out and start shooting people. That's kind of outrageous," neighbor Johnnie Hull said.
A neighbor told us someone nearby heard arguing over the cats for about a half hour before the shooting. She didn’t know the details of the argument #WFTV
— Michael Lopardi (@MLopardiWFTV) June 5, 2019
Records said that the Sheriff's Office's Animal Services division received two calls for service in May 2018 in reference to the feral cats.
An animal enforcement officer worked with a rescue group that assisted in having 20 cats trapped and neutered, records said.
Phillips, who was shot three times, was taken to a hospital in serious but stable condition, Ivey said. He said Thursday that Phillips remains hospitalized after a lengthy surgery, but he is expected to make a full recovery.
According to a press conference after the shooting, Phillips told Ivey, "I won."
"His statement to me was 'I won,' and I could not be more proud of our deputy for his actions, for his tactical preparedness, and his ability to withstand someone shooting at him with a rifle," Ivey said.
Investigators said Gebauer has a previous arrest history that includes charges of aggravated battery on a law enforcement officer, fleeing and eluding, resisting an officer without violence, burglary, stalking and aggravated battery.
Deputies said they had previously been called to Gebauer’s home in September 2017 after a report of a suspicious person.
Records said that in 2011, children called 911 to report that Gebauer was threatening to kill their mother.
"Gebauer was armed with a gun and running in and out of the home," a responding deputy said.
Records said a child told investigators that Gebauer was always angry and violent and that the children were afraid of him.
A neighbor referred to him as "the neighborhood hothead," records said.
Gebauer was arrested for aggravated battery, but the charge was later dropped.
Phillips has been employed by the Sheriff’s Office since November 2018. The combat veteran served in the United States Army for 14 years during which he was deployed to Iraq on two tours of duty, the Sheriff's Office said.
He has been placed on paid administrative leave pending the outcome of the investigation, which is standard in deputy-involved shootings.
No outside agency will investigate Tuesday's shooting, because since 2017, Ivey stopped using the Florida Department of Law Enforcement to review the facts of deputy-involved shootings.
Anyone who has information about the shooting is asked to please call Brevard County Agent Don Reynolds at 321-633-8413.
Watch the full press conference below:
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