September 20, 2016
Bill Eddins, State Attorney for the First Judicial Circuit, announced today that the Honorable John Brown has sentenced Rex DeWayne Gainey to four consecutive life sentences with a minimum mandatory of 80 years for 2 counts of Attempted First Degree Premeditated Murder with a Firearm, 1 count of Attempted First Degree Felony Murder with a Firearm, Burglary of a Dwelling While Armed with a Firearm and Resisting a Law Enforcement Officer without Violence.
The charges arose from an incident which occurred in the early morning hours of September 5, 2015 in Niceville, Florida. Officers responded to a call of a man going to hurt his ex-wife and himself. The caller indicated that Gainey had a shotgun.
The Niceville Police Department responded to the home, warned the Victim and patrolled the area looking for Gainey. Sergeant Rick Austin with Niceville Police Department observed Gainey walking down the street with a shotgun and confronted him. Gainey refused to drop the weapon and engaged in a gun battle with Sergeant Austin. The Defendant fired twice at Sergeant Austin and then shot his way into the Victim’s home. Once inside the home the Defendant fired through a bedroom door striking the Victim in her leg causing serious, life threatening injuries. Another man who was in the home struggled with the Defendant and was able to detain him until Officers were able to enter the home and take custody of Gainey. Gainey sustained non-lethal injuries. Sergeant Austin was not injured in the gun battle in front of the home.
The arrest and investigation was conducted by the Niceville Police Department and the Florida Department of Law Enforcement. Assistant State Attorney Angela Mason was responsible for the prosecution.