A Florida man is facing serious charges after police say a domestic dispute over the video game Fortnite escalated into deadly violence.
On the evening of Wednesday, May 21, Davenport Police responded to a home on Citrus Landing Boulevard after receiving reports of a domestic incident. Authorities say 43-year-old Kelly Agar Garcia fatally shot his 26-year-old stepson Azareel J. Martinez following a heated family confrontation involving Garcia’s 9-year-old stepson and the popular video game.
What Happened?
According to police reports and multiple local media outlets, the situation began when the 9-year-old child was playing Fortnite on a mobile device—despite being told by his mother, Adriane Daza, that he was not allowed to do so. When Daza confiscated the phone, the child reportedly became upset and retrieved a Smith & Wesson 9mm handgun from her nightstand drawer.
Daza tried to take the gun away from the child but was unsuccessful. Her husband, Garcia, then entered the room and managed to disarm the child.
It was at that point that Garcia and Martinez began arguing. Police say the altercation intensified and Garcia allegedly shot Martinez multiple times in the chest and abdomen. As Martinez attempted to leave the room, Garcia is accused of shooting him two more times in the back, causing him to collapse. Martinez was transported to a nearby hospital where he later died.
Police Reaction
During a press conference on May 22, Davenport Police Chief Steve Parker expressed deep concern over the incident.
“I truly believe that if that child did not know where that gun was, none of this would have happened,” said Chief Parker. “It’s sad.”
He confirmed that Garcia has been charged with second-degree murder and unlawful storage of a firearm accessible to a minor. Garcia remains in custody at the Polk County Jail.
Previous DCF Involvement
Parker also revealed that law enforcement had previously been to the home in 2022 following a referral from the Florida Department of Children and Families (DCF). However, he did not provide additional details on the nature or outcome of that visit, citing legal restrictions.
Family Devastated
Martinez, described by friends as soft-spoken and caring, was living with his mother, Garcia, and his two younger half-siblings at the time of the incident. The family is reportedly devastated by the tragedy, which unfolded in front of the two minor children.
The shooting has raised questions about the safe storage of firearms in homes with children, and how arguments over discipline and technology use can spiral into violence.
This tragic case highlights the deadly consequences of poor firearm storage and escalated family conflict. With three young children now facing a future without their older brother—and their stepfather behind bars—the aftermath of this incident leaves a haunting reminder of how quickly domestic disputes can turn fatal.
