Man arrested for allegedly shooting 12-year-old at gas station Christmas Eve

Jose Garcia

SOUTH BEND, Ind. -- Documents from St. Joseph Superior Court reveal 44-year-old Jose Garcia was arrested on Christmas Eve after allegedly shooting a 12-year-old boy with birdshot outside a gas station.

Garcia is charged with Unlawful Carrying of a Handgun-prior felony conviction within the last 15 years, a Level 5 Felony, Battery by Means of a Deadly Weapon (Attempt to Commit), a Level 5 Felony, and Battery by Means of a Deadly Weapon, a Level 5 Felony.

No future court dates have been scheduled at this time.

The South Bend Police Department reports officers responded to the Phillips 66 gas station near Western Avenue and Falcon Street for a shooting.

An officer responded and observed Garcia, who admitted he was the shooter before placing a two-shot handgun on his truck.

Police then collected the gun. The victim, a 12-year-old boy, was found to be bleeding from injuries on one of his arms. Police say the injuries were consistent with being struck by birdshot.

The victim was then taken to Memorial Hospital for treatment.

Documents state a man, identified as Garcia's neighbor, arrived at the gas station with his adult daughter and 12-year-old son. At the same time, Garcia arrived at the store.

The victim's father was then interviewed by police.

The man stated he'd contacted police multiple times in the past regarding Garcia due to ongoing issues between them.

The man stated while he was in line with his son and daughter, Garcia called him a "motherf***er" in Spanish and said, "let's go outside," before putting his hood up and exiting the store.

The man told police he then asked Garcia what he wanted because "it's been too much."

Documents state Garcia had two cans of Red Bull which he placed on his truck.

The man told police he grabbed one of the cans and threw it at Gracia, missing him, but then punched Garcia.

The man said that's when Garcia fired the handgun at him, which struck his son near him.

Police say they obtained security footage from the gas station which shows the parties involved arriving, waiting in line, and exiting before the incident unfolds as described by the victim's father.

Garcia was previously convicted of Intimidation, a Level 6 Felony, on Jan. 18, 2023.

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