DAVENPORT, Fla. – A 43-year-old man fatally shot his adult stepson Wednesday night in Davenport after the stepson’s 9-year-old brother retrieved a firearm following a dispute over the video game Fortnite, as reported by police.
Kelly Agar Garcia was arrested on charges of second-degree murder and unlawful storage of a firearm.
According to Davenport police, around 7 p.m. Garcia and his wife were in their home with her three biological sons, ages 9, 11 and 26.
Police said the 9-year-old was in his oldest brother’s upstairs bedroom playing Fortnite, which was forbidden by his parents.
The boy’s mother disciplined the 9-year-old by confiscating his cellphone, which angered the child, prompting him to take a 9mm handgun from a nightstand drawer in his parents’ bedroom, according to police reports.
The parents struggled with the boy over possession of the gun, and the Garcia was able to wrestle it from him, police said.
The 26-year-old, Azareel J. Martinez, subsequently entered the room and observed his 9-year-old brother was “in an agitated state,” a news release from Davenport police conveyed.
According to police, Garcia and Martinez began to argue, and Garcia shot him several times in the chest and abdominal area. As Martinez retreated from the room, Garcia shot him twice in the back before he collapsed, authorities stated.
Martinez was taken to a hospital, where he died, police said.
Garcia was arrested and taken to the Polk County Jail.
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