2 brothers killed - but Missouri’s Stand Your Ground Law complicates prosecution

KANSAS CITY, Mo. (KCTV) - A man accused of killing two brothers at a Kansas City gas station is now facing criminal charges – but only for one of the deaths.

Emmanuel Hernandez has been charged with one count of voluntary manslaughter and one count of armed criminal action in connection with a deadly shooting on Sunday, July 20, at the Conoco gas station near Truman Road and Brooklyn Avenue.

According to a probable cause statement filed Monday, Hernandez told police he stopped at the gas station to fuel up his Escalade when he was confronted by Taylor and Byron Garrett, two brothers who had arrived moments earlier in a black Ford Escape.

Surveillance video reviewed by investigators shows the situation escalated quickly. Police say one of the brothers – identified in documents as “Victim 1” – punched Hernandez in the head in the parking lot, and Hernandez backed away.

The confrontation continued when all three men entered the store with the same brother, “Victim 1,” allegedly striking Hernandez in the face again while they were in line.

At that point, Hernandez pulled out a handgun and opened fire, according to police.

The video transcript included in court documents states Hernandez fired multiple times as the brothers tried to run away, down an aisle away from the shots. The video appears to show the brothers being hit by gunfire, causing them to fall to the ground. Hernandez followed after the Garretts and continued to shoot them while they were on the ground, and then finally he stopped shooting and struck “Victim 2” in the head with the gun.

It appears from the video transcription that “Victim 2” never hit Hernandez during the incident, outside or inside the store.

The Kansas City Fire Department pronounced both men, Taylor and Byron Garret,t dead at the scene.

Hernandez called police and was taken into custody.

After being read his Miranda Rights, he told detectives that he feared for his life during the attack, felt dizzy from being hit in the head, and believed both men had assaulted him. However, the transcript from the surveillance video contradicts that claim – showing that only one of the two brothers physically attacked him before the shooting.

In total, crime scene investigators discovered 17 spent shell casings at the scene.

Hernandez was treated at Truman Medical Center for facial injuries after his arrest. He remains in custody.

In a statement Monday, Jackson County Prosecutor Melesa Johnson said her office could only move forward with charges in one of the homicides due to the legal protections provided under Missouri’s self-defense laws.

“Our hearts go out to the families of the men who lost their lives in this tragic incident. We recognize that no legal outcome can ever fill the void left by such loss.

“On Monday, the Jackson County Prosecutor’s Office filed one count of Voluntary Manslaughter and one count of Armed Criminal Action against Mr. Hernandez. The charges stem from the death of one of the victims who, according to available surveillance footage, Mr. Hernandez shot at multiple times even after this victim attempted to retreat. After the shooting, Mr. Hernandez is seen on video striking this victim in the head with the firearm.

“The available evidence also shows that the other victim appeared to be the initial aggressor in the confrontation that ultimately led to the shooting. Due to Missouri’s self-defense laws, we will not file charges for that death. Mr. Hernandez told detectives that he feared for his safety during the physical assault and felt as though he was going to black out. Under Missouri law, individuals may use deadly force if they reasonably believe it is necessary to protect themselves from imminent danger of death or serious physical injury. Missouri’s “Stand Your Ground” law also provides that individuals have no legal duty to retreat before using deadly force in self-defense.

We remain committed to a thorough and just application of the law in every case we review.”