ALLENTOWN, Pa. — A man who fatally shot another man during a June 4 altercation in the parking lot of an Allentown store used justifiable force and will not be charged, the Lehigh County District Attorney’s office said in a statement Wednesday.
But another man with whom he exchanged gunfire that led to the death has been charged with attempted homicide, the district attorney’s office said.
- Lehigh County District Attorney Jim Martin has ruled the June 4 fatal shooting of a 22-year-old Allentown man justifiable homicide
- But another man, Joshua Ortiz, 25, of Allentown, who was with the deceased, has been charged with attempted homicide
- Martin said the shooter, identified only as John Doe, shot Edgar Gonzalez, 22, during an exchange of gunfire at Auto Zone, 1871 S. 5th St., Allentown
The gunman, identified only as John Doe, fatally shot Edgar Gonzalez, 22, in the parking lot of Auto Zone, 1871 S. 5th St., Allentown, after a companion of Gonzalez — Joshua Ortiz, 27, of Allentown, at two different locations, brandished a semi-automatic handgun with an extended magazine, the district attorney’s office said.
The shooting happened as Doe returned gunfire with Ortiz at the Auto Zone.
Doe, who the release said will not be further identified, “was justified in using deadly force and [the] death, although a homicide, is being ruled by me as a justifiable homicide under the laws of Pennsylvania,” District Justice Jim Martin said in the release.
“Based on a full review of the evidence, including video, John Doe was legally justified in using deadly force to protect himself and the occupants of [his car], some of whom are his family members. No charges will be filed against him."Lehigh County District Attorney Jim Martin
“The man identified as John Doe was in legal possession of a handgun and fired back at Joshua Ortiz,” Martin said in the release.
“Based on a full review of the evidence, including video, John Doe was legally justified in using deadly force to protect himself and the occupants of [his car], some of whom are his family members. No charges will be filed against him."
Charges against other gunman
The district attorney’s release said “John Doe was interviewed after the shooting and provided investigators with the gun used and the documentation establishing his ownership of the gun and his right to carry the gun.
“An examination by our ballistics expert concluded that the projectile that killed Edgar Gonzalez was fired by John Doe from his gun.”
The release said Joshua Ortiz also was struck by one bullet fired by Doe.
Ortiz was treated for a gunshot wound to the torso and released from a local hospital.
The gun Joshua Ortiz used in the shooting has not been recovered during the investigation, according to the district attorney’s office.
Ortiz has been charged with attempted homicide, aggravated assault and related charges for his role in firing at the people in and around the Nissan pick-up truck in the AutoZone parking lot.
Ortiz surrendered Wednesday, accompanied by his attorney, Eric Dowdle, and was scheduled to be arraigned.
An account of the incident
The district attorney’s office gave this account of the incident:
The incident involved two groups: One in a Kia sedan that included five people, including Gonzalez, and a second group that included six adults and a 3-year-old child at Auto Zone.
“The occupants of the Kia were the aggressors in the altercation and followed and confronted members of the second group, blocking their vehicle at the Taco Bell drive-through on South. 4th Street.
“In this incident, Ortiz got out of the Kia with a semi-automatic handgun with an extended magazine and confronted the second group, the two men and a woman, while they were inside a Honda.
“The driver of the Honda reversed away from Ortiz and during the process, crashed and disabled the Honda. The driver parked the Honda and the three occupants fled and hid at the Auto Zone parking lot about a half-block north of the Taco Bell where they called family members to come pick them up.
“Ortiz and the occupants of the Kia continued to look for the group and are seen on video searching the inside and outside of the Taco Bell.
“A Nissan pickup truck arrived at the Auto Zone to pick up the occupants of the Honda. Inside the truck were three adults and the 3-year-old child. The two men and one woman from the Honda joined these occupants; thus forming a group of six adults and the child.
“Meanwhile, the occupants of the Kia continued to look for the second group and ultimately drove through the Auto Zone parking lot where they saw the Nissan pickup truck and recognized the people inside as part of the group they had confronted earlier.
“The Kia circled through the parking lot and blocked the Nissan pickup truck. All five people inside the Kia exited the car and approached the truck.
"A physical altercation started and the investigation showed Ortiz produced the same handgun he had at the Taco Bell and started shooting at the occupants inside the Nissan pickup truck.
"Several shots were fired and at least one bullet struck the Nissan, but no one in the vehicle was hit by this gunfire.”
Reasons for the ruling
Martin said in the release that his finding of justifiable homicide is based “on several facts which I have concluded establish that the use of deadly force in this instance is justified under Pennsylvania law and therefore not a crime.”
“Edgar Gonzalez was also, unfortunately, in the direct line of fire between John Doe and Joshua Ortiz when he was struck by a single bullet fired by John Doe which killed him.”Lehigh County District Attorney Jim Martin
They are:
- Doe was not engaged in any criminal activity when he was attacked
- Doe was in legal possession of the firearm he used
- Neither Doe nor the people he sought to protect provoked the use of force against themselves
- Doe had a legal right to be in the place where he was attacked
- Doe believed it was immediately necessary to use deadly force to protect himself and/or others against the threat of serious bodily injury or death
- The person against whom the force was used displayed and used a firearm against John Doe and others.
“There is no evidence that Edgar Gonzalez had a gun or fired a gun at anyone in [Doe’s car]; however, he was the driver of the [car that confronted Doe’s] and was an accomplice and co-conspirator with Joshua Ortiz in the actions which took place at both locations.
“Edgar Gonzalez was also, unfortunately, in the direct line of fire between John Doe and Joshua Ortiz when he was struck by a single bullet fired by John Doe which killed him.”
Gonzalez's Facebook page has been changed to "Remembering Edgar Gonzalez", with friends and family sharing his image in tribute.
He has a profile on the National Gun Violence Memorial project, where people can electronically "light a candle" for him. At the time of writing, 127 candles have been lit in his memory.
