Topline: “None of this would have happened if that child didn’t know where the gun was,” police chief says.
Published: May 23, 2025 7:00 am ET
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Kelly Garcia (via Polk County Sheriff's Office)
DAVENPORT, FL — A family conflict over a video game ended in a fatal shooting Wednesday evening, according to the Davenport Police Department.
At approximately 7 p.m., a 9-year-old boy was found playing Fortnite—a game his parents had banned—in the bedroom of his 26-year-old brother, Azareel J. Martinez, Fox 13 Tampa Bay reported.
When the boy’s mother, 48-year-old Adriane Daza, discovered this, she disciplined him by taking away his cell phone.
Apparently frustrated by the punishment, the child entered his mother’s bedroom and retrieved a Smith & Wesson 9mm handgun from a drawer in the nightstand, police said.
A struggle quickly ensued as Daza and her husband, 43-year-old Kelly Agar Garcia, tried to disarm the boy. Garcia ultimately succeeded in gaining control of the weapon.
Moments later, Martinez entered the room and saw the young boy visibly upset and Garcia holding the gun. A verbal confrontation erupted between the two men.
According to investigators, the situation escalated when Garcia shot Martinez multiple times in the chest and abdomen. Martinez attempted to leave the room, but police say Garcia followed and fired two additional shots into Martinez’s back as he retreated. Martinez collapsed and was later transported to a local hospital, where he died from his injuries.
Garcia has been charged with second-degree murder and unlawful storage of a firearm, as the weapon was accessible to a minor. Authorities said they considered whether the shooting could be justified as self-defense, but physical evidence, did not support that claim, including the fact that Martinez was shot in the back, according to WKMG.
“We do not believe there’s anything to support that Azareel was physically aggressive towards him,” Davenport Police Chief Steve Parker told Fox 13.
“We have a nine-year-old that knows where stepdad keeps his gun and goes to it,” Parker added. “I truly believe that if that child did not know that where that gun was, none of this would have happened today, none of it.”
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
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Kelly Garcia (via Polk County Sheriff's Office)
DAVENPORT, FL — A family conflict over a video game ended in a fatal shooting Wednesday evening, according to the Davenport Police Department.
At approximately 7 p.m., a 9-year-old boy was found playing Fortnite—a game his parents had banned—in the bedroom of his 26-year-old brother, Azareel J. Martinez, Fox 13 Tampa Bay reported.
When the boy’s mother, 48-year-old Adriane Daza, discovered this, she disciplined him by taking away his cell phone.
Apparently frustrated by the punishment, the child entered his mother’s bedroom and retrieved a Smith & Wesson 9mm handgun from a drawer in the nightstand, police said.
A struggle quickly ensued as Daza and her husband, 43-year-old Kelly Agar Garcia, tried to disarm the boy. Garcia ultimately succeeded in gaining control of the weapon.
Moments later, Martinez entered the room and saw the young boy visibly upset and Garcia holding the gun. A verbal confrontation erupted between the two men.
According to investigators, the situation escalated when Garcia shot Martinez multiple times in the chest and abdomen. Martinez attempted to leave the room, but police say Garcia followed and fired two additional shots into Martinez’s back as he retreated. Martinez collapsed and was later transported to a local hospital, where he died from his injuries.
Garcia has been charged with second-degree murder and unlawful storage of a firearm, as the weapon was accessible to a minor. Authorities said they considered whether the shooting could be justified as self-defense, but physical evidence, did not support that claim, including the fact that Martinez was shot in the back, according to WKMG.
“We do not believe there’s anything to support that Azareel was physically aggressive towards him,” Davenport Police Chief Steve Parker told Fox 13.
“We have a nine-year-old that knows where stepdad keeps his gun and goes to it,” Parker added. “I truly believe that if that child did not know that where that gun was, none of this would have happened today, none of it.”
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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Latest Articles
Florida Man Fatally Shoots Stepson After Child Retrieves Gun Over Fortnite Punishment
“None of this would have happened if that child didn’t know where the gun was,” police chief says.
By Jacob Charles
Published: May 23, 2025 7:00 am ET
Kelly Garcia (via Polk County Sheriff's Office)
DAVENPORT, FL — A family conflict over a video game ended in a fatal shooting Wednesday evening, according to the Davenport Police Department.
At approximately 7 p.m., a 9-year-old boy was found playing Fortnite—a game his parents had banned—in the bedroom of his 26-year-old brother, Azareel J. Martinez, Fox 13 Tampa Bay reported.
When the boy’s mother, 48-year-old Adriane Daza, discovered this, she disciplined him by taking away his cell phone.
Apparently frustrated by the punishment, the child entered his mother’s bedroom and retrieved a Smith & Wesson 9mm handgun from a drawer in the nightstand, police said.
A struggle quickly ensued as Daza and her husband, 43-year-old Kelly Agar Garcia, tried to disarm the boy. Garcia ultimately succeeded in gaining control of the weapon.
Moments later, Martinez entered the room and saw the young boy visibly upset and Garcia holding the gun. A verbal confrontation erupted between the two men.
According to investigators, the situation escalated when Garcia shot Martinez multiple times in the chest and abdomen. Martinez attempted to leave the room, but police say Garcia followed and fired two additional shots into Martinez’s back as he retreated. Martinez collapsed and was later transported to a local hospital, where he died from his injuries.
Garcia has been charged with second-degree murder and unlawful storage of a firearm, as the weapon was accessible to a minor. Authorities said they considered whether the shooting could be justified as self-defense, but physical evidence, did not support that claim, including the fact that Martinez was shot in the back, according to WKMG.
“We do not believe there’s anything to support that Azareel was physically aggressive towards him,” Davenport Police Chief Steve Parker told Fox 13.
“We have a nine-year-old that knows where stepdad keeps his gun and goes to it,” Parker added. “I truly believe that if that child did not know that where that gun was, none of this would have happened today, none of it.”
Presumption of Innocence: A presumption of innocence means that any defendant in a criminal trial is presumed to be innocent until they have been proven guilty beyond a reasonable doubt in a court of law. The defendant in this case is only accused of the charges set forth in the criminal complaint. They are innocent until proven guilty.
Editor's Note: ThePo makes every effort to accurately transcribe the contents of affidavits of probable cause contained in criminal complaints. Often, the complaints themselves are copies of copies of faxed copies, and are difficult to read. To confirm the accuracy of our transcription, contact the Magisterial District Court listed above and request a copy of the criminal complaint. It's a public record to which you are entitled.
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