VOLUSIA COUNTY, Fla. – The family of an Edgewater police officer who investigators say was fatally shot by a gas station clerk at a Circle K has named the chain in a $20-million wrongful-death lawsuit, according to their legal team.
Officer David Jewell was shot and killed on Sept. 15 while off-duty at a Circle K in Ormond-By-The-Sea, where he had stopped to buy drinks after picking up his father-in-law from the hospital.
According to Volusia Sheriff Mike Chitwood, the clerk — 24-year-old Eduardo Machado — told deputies that he was having a bad day on his way to work and had already been thinking about shooting Jewell, ultimately doing so multiple times in the back of Jewell’s head.
“I will tell you — with 38 years of policing, homicide detective, at the time the fourth-largest city in the country — to watch the evil and the calculating-ness of what he did to Officer Jewell, you cannot describe it," Chitwood said. “To unload, stop, reload and then just go right back at it again and fire additional shots. Again, we’re talking 24 shots from, probably, between 1 and 2 feet away.”
“I’m not going out on a limb on saying this: That gun was bought for one purpose and one purpose alone. That gun was bought to assassinate Police Officer Jewell for whatever reason this guy was thinking,” said Chitwood, referring to how Machado had allegedly purchased the gun 10 days before the shooting.
[WATCH: New details emerge in fatal shooting of Edgewater police officer at gas station]
Jewell was mourned by his community in the following days, in large part with items such as flowers, notes and wreaths placed on his car, which remained parked outside the Edgewater Police Department.
“Right now, we’re all waiting for answers just like everyone else. We watched a barbaric act play out this week and we’re all just wanting to know why,” said Mike Scudiero, president of the local police union. “We’ve got 30 plus individuals who lost a family member this week. With no preparation, no planning, just gone in an instant, so we’re trying to support our folks here.”
[VIDEO: Edgewater residents, shocked by Officer David Jewell’s slaying, seek to honor him]
As the community set to support Jewell’s family and fellow officers, the lingering questions of why he was killed have since manifested a wrongful-death lawsuit recently filed by Jewell’s estate.
The lawsuit accuses Circle K of hiring Machado, despite allegedly being warned by law enforcement that he was a dangerous individual with a history of illegally using firearms, as is said in news release shared by the estate’s legal team at Politis & Matovina.
According to the complaint, Circle K Stores Inc. was negligent in their hiring and retention of Eduardo Machado, which led to the brutal murder of David Jewell. That Circle K Stores Inc. failed to use reasonable care to select and retain an employee that was competent and fit for the position. That Circle K Stores Inc. was advised by law enforcement of Machado’s illegal use of firearms and was told by law enforcement he was a dangerous individual. Circle K Stores Inc. ignored the warnings from law enforcement about Eduardo Machado. The lawsuit asserts that these actions, and the failure to take reasonable steps to prevent foreseeable harm, directly resulted in David Jewell’s death.
Politis & Matovina
“This lawsuit is about responsibility. Our investigation indicates that Circle K failed to take basic measures that would have protected David Jewell. We intend to prove these facts in court and secure justice for the family. No one should have to endure this kind of loss, especially when it could have been prevented. We are seeking accountability to ensure this never happens to another family,” firm partner Mark Matovina said in a statement.
In October, records show 7th Judicial Circuit State Attorney R.J. Larizsza gave the state’s intent to seek the death penalty against Machado, who pleaded not guilty several days after his arrest.
[MORE: State attorney to pursue death penalty in fatal shooting of Edgewater police officer]
Read the lawsuit, which seeks $20 million in damages, in the media viewer below: