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Sheriff: Fatal shooting at Polk County Citgo may be Stand Your Ground case

Deputies want to speak with Joshua Pacheco about shooting

POLK COUNTY, Fla. – Authorities are looking for the man they say fatally shot another man at a Polk County gas station.

Polk County deputies said they want to speak with 28-year-old Joshua Jay Pacheco, of Bartow, in connection with the shooting that took place Saturday at the Citgo gas station at 4660 Highway 17 North just before 9 p.m., to hear his side of the story.

When deputies arrived, 29-year-old Julian Garcia, who was visiting family in Polk County from Apopka, was found lying in the parking lot with a gunshot wound, the Sheriff's Office said.

Deputies believe Pacheco shot Garcia after an altercation broke out between the two.

Surveillance video from the store shows Garcia, who deputies said had just run to the gas station with his sister to get away from his mother's house because of family issues, attack Pacheco, who just happened to be standing outside the store waiting for a ride when Garcia arrived to buy a beer, deputies said.

The video shows Garcia chasing Pacheco before both men get out of the camera's sight and Pacheco shoots Garcia in the stomach, according to the Sheriff's Office. Polk County Sheriff Grady Judd said in a news conference Monday that Pacheco tried to run from Garcia but was eventually knocked to the ground.

Pacheco told witnesses he had a concealed weapons permit and fled the scene, deputies said.

Garcia was taken to a nearby hospital, where he later died. 

Authorities said they don't believe the men knew each other and it's unclear why Garcia attacked Pacheco.

The sheriff said Garcia was known to have a bad temper, and even tried to pick a fight with someone in line inside the store. Garcia had a criminal history and was on probation out of Orange County for driving under the influence and leaving the scene of a crash with serious bodily injury, according to Judd.

Judd said in the news conference that he wants Pacheco to tell investigators what happened in his own words because the initial investigation leads them to believe he was defending himself when he fired the gun.

The sheriff said Pacheco, who has two felony convictions of carrying a concealed firearm and driving while license is suspended for a third or subsequent offense and is on probation until Nov. 27 of next year, obviously shouldn't have had a weapon, and that he did violate probation, but could have a case of Stand Your Ground.

"Initially, this is what stand your ground was created for. It was created for the person standing there, minding their business, no conflict, no interaction, no problems, and all of a sudden this person creates a formidable violent threat where you can believe you’re going to be significantly injured or killed and you have the right to defend yourself," Judd said.

Judd said that once the Sheriff's Office completes its investigation, it will hand it over to the State Attorneys Office, which will ultimately decide what charges, if any, Pacheco will face.

Anyone with information about Pacheco's whereabouts is asked to call Crime Stoppers at 1-800-226-8477.


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