Florida Man Charged in Shooting
PHOTO CAPTION: Jonathan Martinez, 21, was arrested Sept. 23 after Volusia County investigators said evidence from a gas pump confrontation did not support his claim that shooting a 62 year old man was lawful self defense. Volusia County Jail booking photo.
A Florida man who told detectives he deliberately shot a 62 year old man in the leg because he felt threatened has been arrested after investigators reviewed surveillance video, witness statements and 911 audio from the confrontation.
Jonathan Martinez, 21, of DeLeon Springs, was arrested Wednesday and charged with one count of aggravated battery with a firearm following the Sept. 18 shooting at a Circle K near DeLand.
The confrontation began around 6:45 p.m. during an argument over a gas pump at the store near International Speedway Boulevard and Kepler Road, according to the Volusia Sheriff’s Office.
Investigators said the argument became physical before Martinez fired one shot into the other man’s leg.
Martinez remained at the scene after the shooting.
He told detectives that he felt threatened, did not want to kill the man and intentionally fired into his leg to stop the situation from escalating further, according to the sheriff’s office.
The 62 year old man was transported to a hospital and was reported in stable condition.
At that point, no charges were immediately filed.
But investigators continued reviewing evidence from the confrontation, including surveillance footage, witness statements, interviews with those involved and audio from 911 calls.
The sheriff’s office said that evidence ultimately did not support Martinez’s claim that the shooting was a lawful use of deadly force in self defense.
According to investigators, the 62 year old man was unarmed throughout the confrontation.
The sheriff’s office said he repeatedly raised his empty hands and, at several points, disengaged from Martinez and walked away.
Investigators allege Martinez armed himself early in the encounter and advanced toward the older man with a raised firearm on multiple occasions.
They also allege Martinez initiated physical contact by shoving the man while holding the gun.
Based on the evidence reviewed, investigators said the older man’s actions did not present an imminent threat of death or great bodily harm that would justify deadly force under Florida law.
The State Attorney’s Office was consulted before the arrest, according to the sheriff’s office.
Martinez was arrested without incident at his home on Sept. 23 and taken to the Volusia County Branch Jail.
He was initially being held with no bond pending his first court appearance.
The charge is an allegation, and Martinez has not been convicted.
The case highlights an important distinction in Florida self defense law. Possessing a firearm legally does not by itself determine whether firing it is justified.
Investigators said their decision turned on what the evidence showed about the threat Martinez was facing at the moment deadly force was used.
In this case, deputies say the surveillance video and other evidence showed an unarmed man repeatedly displaying his empty hands and attempting to disengage while Martinez advanced toward him with a gun.
Martinez now faces an aggravated battery charge as the case moves into court.
(Source: OAF Nation)
