DELAND, Fla. — An arrest was made in the DeLand Circle K shooting on Sept. 18.
21-year-old Jonathan Martinez from DeLeon Springs was arrested Wednesday and charged with one count of aggravated battery with a firearm following a shooting over a gas pump by the Volusia Sheriff’s Office. Deputies said Martinez shot a 62-year-old DeLand man during the dispute.
Following a review of witness statements, surveillance video, audio recordings, and interviews, investigators determined that Martinez’s actions did not meet the criteria for lawful self-defense using deadly force under Florida law.
According to VSO, the 62-year-old victim was unarmed throughout the confrontation over the gas pump. Surveillance video, witness statements, and 911 audio showed the victim repeatedly raising his empty hands and walking away from the confrontation at several points.
Deputies said Martinez armed himself early in the encounter, advanced on the victim multiple times with a raised gun, and initiated physical contact by shoving the victim while holding the firearm. Authorities stated the victim’s actions did not present an imminent threat of death or great bodily harm required to justify deadly force under state law.
Deputies later arrested Martinez without incident at his home.
Martinez is being held without bond at the Volusia County Branch Jail pending his first court appearance.
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