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MIAMI, Fla. — According to a police report, Elvis Dumervil was arrested Saturday after displaying a gun in a crowded parking lot.

Dumervil was arrested on the charge of assault with a deadly weapon, a third-degree felony. His agent continued to insist Monday the charges will be dropped if any are formally filed.

The Denver Post reports that sources close to Dumervil say the gun and the vehicle he was driving do not belong to him.

The Miami-Dade State Attorney’s Office says Dumervil has not been charged. He was arrested on a felony charge but their office has until August 13 to decide whether to file formal charges. August 13 is also Dumervil’s next court date.

Billboard message at I-25 and 58th Ave. in Denver. Courtesy: OneSwoosh.com
Billboard message at I-25 and 58th Ave. in Denver. Courtesy: OneSwoosh.com

Statements from a victim who claimed both Dumervil and his friend Andy Auguste lifted their shirts to display guns in their waistbands in a crowded parking lot were concurrent with a Victoria’s Secret employee who witnessed the altercation, according to the report.

In addition to that statement, the Victoria’s Secret employee added that a passenger from the victim’s vehicle, a Chevy Impala, got out and threw something that struck Dumervil’s Range Rover before he and Auguste approached the Impala on foot.

Dumervil and Auguste allegedly brandished their weapons in the middle of standstill traffic as part of a dispute that included “a lot of horn blowing by all vehicles and verbal threats/name calling.”

Auguste was the louder of the two, according to the report, getting out of Dumervil’s Range Rover and displaying his gun to the driver and passengers of the Impala while shouting. The report said that Dumervil, who was positively identified by witnesses, later exited his vehicle and displayed his gun, “but never said anything.”

Dumervil’s Range Rover was stopped driving southbound away from the scene, where police drew their weapons on the vehicle and ordered Dumervil and Auguste to exit.

The first officer on the scene asked Dumervil if there was a gun in his vehicle. “He stated no,” the report said. A search of the vehicle revealed a gun in the glove compartment.

Dumervil’s agent Marty Magid said the charges will be dropped once an investigation is completed.