Man arrested after threatening to kill store clerk at Tallahassee gas station

Posted at 10:53 AM, Sep 30, 2018
and last updated 2018-09-30 22:14:15-04

TALLAHASSEE, Fla. (WTXL) - A Tallahassee man has been arrested after threatening to kill a store clerk at a Circle K gas station. 

Benjamin Spivey, 39, was taken into custody by Florida Highway Patrol on Sunday. 

On Sunday, at about 1:25 a.m., Florida Highway Patrol Troopers were on patrol during a special enforcement detail in Leon County.  

During the patrol, troopers were in the area of Shannon Lakes and Kerry Forest Parkway, when they were flagged down by a clerk at the Circle K located on Kerry Forest Parkway. 

According to FHP, the clerk was yelling for troopers to help him. When troopers pulled into the parking lot, the clerk told them Spivey was inside the gas station and that he was removed earlier by the Tallahassee Police Department. 

Spivey was threatening to kill the clerk and acting very belligerent. 

FHP stated they were backing up TPD who were dealing with Spivey on Saturday evening. At that time, Spivey was asked to leave the gas station and was successfully removed without incident.

Troopers identified Spivey inside the gas station and as one trooper approached him, he could see Spivey begin to ball his fists and take an aggressive stance. 

The trooper then observed a bulge in the lower back of Spivey. The trooper immediately detained Spivey without incident and removed a black Smith & Wesson .40 caliber pistol from his waistband. 

Troopers could smell fresh gunpowder odor coming from Spivey and he was clearly intoxicated, having mood swings. 

Spivey began crying and stated that he "hated his country." Troopers asked him if he had any plans on robbing the store with an empty gun and he told them that he fired all his rounds into Four Oaks near the gas station. 

Troopers checked the church parking lot and found ten fired shell casings. Troopers were also able to locate 10 spent .40 Cal. shells and bullet holes in the church. 

Spivey was arrested and taken to the Leon County Detention Facility.  

He is being charged with property damage/criminal mischief for shooting at a church or synagogue, use of a firearm while under the influence of alcohol, discharging a firearm in public, and displaying a firearm during the commission of a felony.