2 Brothers Killed, But Missouri’s Stand Your Ground Law Limits Charges

A man accused of killing two brothers at a Kansas City gas station is 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 after a deadly shooting on Sunday, July 20, at the Conoco gas station near Truman Road and Brooklyn Avenue.

According to court documents, Hernandez told police he had stopped to get gas when Taylor and Byron Garrett, two brothers in a black Ford Escape, confronted him. Surveillance footage shows the situation escalated quickly—one of the brothers, referred to in court documents as “Victim 1,” punched Hernandez in the head in the parking lot. The altercation continued inside the store, where the same brother allegedly struck Hernandez again while they waited in line.

At that point, Hernandez pulled out a handgun and opened fire. Video footage shows both brothers trying to run away down an aisle before being struck by gunfire and falling to the ground. Hernandez followed them, continued firing, and then struck one of the brothers—“Victim 2”—in the head with his gun. According to the video, that second brother never physically attacked Hernandez.

Both Taylor and Byron Garrett died at the scene. Hernandez later called police, was taken into custody, and treated at Truman Medical Center for facial injuries.

After being read his Miranda Rights, Hernandez told detectives he feared for his life, felt dizzy from the assault, and believed both men had attacked him. But the surveillance video contradicted his claim, showing only one of the brothers physically assaulted him.

Investigators recovered 17 shell casings at the scene.

Jackson County Prosecutor Melesa Johnson said only one charge could be filed because of Missouri’s self-defense laws. She explained that while Hernandez continued to shoot one of the victims as he tried to retreat, the other brother was considered the initial aggressor.

“Under Missouri law, individuals may use deadly force if they reasonably believe it’s necessary to protect themselves from imminent danger,” Johnson said. “Missouri’s Stand Your Ground law also means there is no legal duty to retreat before using force in self-defense.”

Hernandez remains in custody as the case moves forward.

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