DELRAY BEACH

Kings Point community west of Delray rattled after golfer shoots man walking his dog on the course

Mike Diamond
Palm Beach Post

The normally serene senior-citizen community of Kings Point west of Delray Beach has been rattled by a shooting on its golf course that sent one resident to a hospital and saw another charged with attempted murder.

The Palm Beach County Sheriff’s Office said Robert Levine fired five shots at Herbert Merritt on the evening of April 24 because Merritt was walking his dog too close to the golf course at Kings Point, a sprawling community of 12,000 residents and 7,200 condominiums built in the 1970s and 1980s off Atlantic Avenue near Jog Road.

A 74-year-old member of Kings Point Golf and Country Club allegedly shot a man for walking his dog near the golf course.

One shot struck Merritt in his left ankle, and Levine then hit the 64-year-old several times with a golf club as Merritt sat by a tree bleeding from the gunshot wound, according to witnesses. Police recovered four shell casings and two golf clubs splattered with "a blood-like substance."

“This is something that does not happen around here,” said Terry Eichas, a 12-year resident of Kings Point who specializes in sales at the retirement community. “Everyone is a bit on edge. People are very much aware of what happened, but it could have happened anywhere.”

More than 7,000 condominium units are sandwiched into a one-square mile area on Atlantic Avenue west of Jog Road in an unincorporated area of the county. It falls under the jurisdiction of PBSO.

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Prosecutors have charged Levine with attempted first-degree murder, aggravated battery with a deadly weapon and discharging a firearm in public. He remains in the Palm Beach County Jail, where County Judge Ted Booras ordered him to be held without bail.

The residents of Kings Point play on two 18-hole courses that were designed by world renowned architect Robert Trent Jones, Sr.

PBSO also has filed for a risk-protection order against the 74-year-old man. If granted, the agency would take Levine's weapons away from him for up to a year, saying he is a threat to himself or to other people.

Levine’s lawyer, Robert Gershman of Delray Beach, told The Palm Beach Post on Saturday that the evidence will show that his client acted “in a lawful manner.” He added it would be “premature and inappropriate” to comment further but noted that other eyewitnesses to the event have a much different story to tell than the people quoted in the PBSO report.

Gershman said Levine has no criminal record. He said he has been active in the Jewish community and moved about three years ago to King' Point, where he rents a unit.

How the Kings Point shooting incident unfolded

The incident occurred just days before Gov. Ron DeSantis vowed to press the Legislature to make Florida a constitutional carry state, which would allow people to publicly carry firearms without permits. Gershman said Levine had a permit to carry his gun.

In Florida, people must obtain concealed weapon permits to carry hidden guns in public. About 2.5 million people have permits, more than any other state. 

The incident occurred on Hole 15 just before 7 p.m. April 24. Sheriff’s deputies found Levine with a semi-automatic handgun in his left pocket when they frisked him.

Merritt told deputies he was walking his dog when Levine complained that the dog was too close to the golf course. Levine approached him on a golf cart. A verbal altercation ensued. Levine then pulled out a gun and pointed it at Merritt, who began to run, according to the PBSO report.

“Levine chased Merritt around a tree while continuing to shoot,” the report said. Merritt fell to the ground after being shot. Levine then retrieved a golf club from his cart and struck Merritt at least four times, the report said. Merritt began yelling for residents to call 911, which several people did. Merritt told police he did nothing to provoke Levine and did not know him.

Merritt received treatment for his gunshot wound at Delray Medical Center. Doctors there also attended to Levine after the confrontation. The report does not describe Merritt's dog by either size or breed.

Peter Sachs, the attorney for Kings Point, noted PBSO routinely patrols the community and arrived on the scene quickly.

"We are a gated community and have our own security as well. We do what is possible to keep everyone safe," he said. "This was an extraordinary and unfortunate event.

"We have rules that prohibit anyone from walking a dog on the golf course but that doesn't mean you can shoot someone for doing that."

Kings Point was the subject of a documentary that aired in 2012. The critically acclaimed film that tells the stories of five seniors struggling with love, loss and the universal desire for human connection can be seen on HBO. The development, built from 1975 to 1983, features one and two-bedroom units in two-story buildings. It is one of the largest retirement communities in South Florida and its residents consist of working class families. The median age is close to 80 years old.

It was not all that long ago when units at Kings Point could be bought for as little as $30,000. With the surge in real estate values, units today start at around $100,000.

The golf course has always been one of the community's top amenities. Several years ago, Kings Point allowed nonresidents to use the course.

Mike Diamond covers Palm Beach County government and transportation. If you have a tip, he can be reached at mdiamond@gannett.com. Follow him on Twitter at @michael06339386.