James Garcia, 30, of Las Vegas, Nevada stabbed his step-father inside a vehicle. Garcia was shot November 9 by a concerned citizen who noticed Garcia's vehicle was rocking back and forth and stopped to investigate, according to Fox 5. The name of the citizen who shot Garcia has not been released.
The scene of the crime
The chaotic scene unfolded around 9 AM feet away from Whitney Elementary School. The school was placed on administrative lockdown according to the Las Vegas Review-Journal.
The concerned citizen, who was licensed to carry a concealed firearm, approached the vehicle and yelled at Garcia to stop.
Garcia exited the vehicle and approached the citizen. The citizen then pulled their gun and pointed it at Garcia, who attempted to flee back inside the vehicle. The citizen, fearing Garcia would continue to stab his step-father, opened fire on Garcia hitting him once in the abdomen.
Witnesses saw the shooting
A witness to the assault, Robert Jones, told Fox 5, "One of the people got in the car and then the other person had fired a couple rounds through the windshield, pulled him out of the car after firing the rounds and then pushed him to the ground and fired a few more rounds after that." Jones had been dropping off their child at the nearby school.
Another witness named Sophie Johosky was quoted by KTNV.com saying the shooting, "was probably one of the scariest things I’ve ever seen."
Why did Garcia stab his step-father?
What prompted the altercation between Garcia and his step-father is not known, nor is Garcia's past criminal history.
Garcia and his step-father were taken to separate medical facilities to be treated for their injuries where they are both listed in stable condition. Garcia is presently charged with assault with a deadly weapon but may find himself facing further charges, including attempted murder, once the full scope of the altercation is investigated by law enforcement.
The shooting is another defensive gun use incident which are regular occurrences across the United States.
Criminal penalties
In the state of Nevada, the definition of assault with a deadly weapon is listed under NRS 200.471. Those who are convicted may be sentenced to a minimum of one year to a maximum of six years in prison, or a fine of $5,000, or both.
The citizen who shot Garcia has not yet been charged with a crime, but that does not mean a charge could not be levied at a later date. Given that Garcia's step-father was stabbed and Garcia advanced towards the citizen before realizing the citizen was armed will likely be determining factors in how prosecutors move forward.
