KANSAS CITY, Mo. — Surveillance video from a Kansas City convenience store shows the fatal shooting of two brothers, and the victims’ family attorney says the footage supports murder charges.
Howard Lotven, who represents the family, shared the video exclusively with FOX4 on Tuesday.
The Shooting Incident
According to authorities, 27-year-old Emanuel Hernandez has been charged with voluntary manslaughter and armed criminal action in the death of Byron Garrett following the July 20 shooting. Hernandez has not been charged in the death of Byron’s brother, Taylor Garrett.
Hernandez was released Tuesday after posting $5,000 of a $50,000 bond.
The surveillance footage, captured inside a store near Truman Avenue and Brooklyn Street, lasts about 70 seconds. FOX4 chose not to air the full clip due to its graphic nature.
In the first 35 seconds, Hernandez walks into the store and appears to argue with Taylor and Byron Garrett. Taylor punches Hernandez, who then pulls a gun from his waistband and chases the brothers across the store, shooting both. The video shows them collapsing to the ground, and Hernandez pistol-whipping Byron before leaving the scene.
Legal Arguments and Disputes
Prosecutors have only charged Hernandez in Byron’s death, stating that Taylor was the initial aggressor in the altercation.
Lotven disputes this narrative, arguing that Hernandez should be seen as the primary aggressor. He claims the confrontation actually began before the store incident, when Hernandez drove the wrong way down a street and was flagged down by the Garretts. Lotven says Hernandez started an argument and followed them to the store.
He also says Byron’s 7-year-old daughter, who witnessed the earlier confrontation from inside their car, could be a crucial witness. However, he claims Kansas City Police have refused to interview her.
Both KCPD and the prosecutor’s office declined to comment on whether road rage played a role, saying that the charging documents represent the only public information available for now.
Lotven questioned the low bail and believes Hernandez’s actions—especially continuing to shoot and pistol-whip the brothers after they fell—should strip him of any claim to self-defense.
“There has to be a point in the law where you lose your right to self-defense if the harm or threatened harm or perceived harm has stopped and no longer existed,” Lotven said.
Katie is a senior who has been on staff for three years. Her favorite type of stories to write is reviews and features. Katie’s favorite ice cream flavor is strawberry.
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