Jose Martinez was minding his own business when he saw a commotion. Martinez saw Eddie McKee knock over a woman and was run toward him after trying to steal groceries.
Martinez told police McKee it was then that he pulled his gun and fired in self defense.
But some witnesses and the surveillance video at the store don’t tell the same story.
A caller to 911 told police Martinez ran to McKee's car, pulled the door open and yell at the man to stop before opening fire as McKee drove away.
Martinez told cops he fired at the car in an attempt to mark it so police would have an easier time in their search.
Police have charged Martinez with aggravated assault and shooting at an occupied vehicle, both felonies.
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