Kylen Welch, 17, has been charged as an adult for murder in Florida. (Crime scene screengrab from Tallahassee, Florida’s ABC’s affiliate WTXL; mugshot Leon County Sheriff’s Office)
A 17-year-old in Florida is being tried as an adult in a shooting at a McDonald’s restaurant parking lot that left two people dead after an argument over a gun at a basketball court. The charges were filed after authorities rejected “stand your ground” self-defense claims.
Kylen Welch was arrested Monday on a murder warrant by a U.S. Marshals task force at his home in Tallahassee, where he lived with his mother, according to a probable cause affidavit obtained by Law&Crime.
Welch faces one count of second-degree murder, one count of felony murder-second degree with a firearm, possession of a firearm by a delinquent and tampering with physical evidence. He is being held without bond at the Leon County Detention Facility, court records show.
It all went down on June 22 — when the suspect was 16 — in the parking lot of McDonald’s at 2026 West Pensacola Street. Police initially tracked the suspect down and detained him. At the time, police said they believed it was a “Stand Your Ground” self-defense case, but State Attorney General Jack Campbell told the Tallahassee Democrat, “the evidence supported that it was a criminal shooting.”
From the basketball court to McDonald’s
The lead-up to the shooting began during an argument among young men and boys at a community center basketball court over someone taking someone’s gun weeks earlier, the affidavit states.
The group decided to take their argument to a McDonald’s, where Trenton Tompkins, 21, allegedly shot and killed Jermaine Johnson, 18, inside his vehicle after arguing in the parking lot, Welch told police.
After shooting Johnson, Welch said Tompkins turned with the gun toward Welch, who was standing outside the driver’s side of the vehicle. Welch told police he then shot Tompkins, the affidavit said.
Tompkins was found dead with a 9 mm semi-automatic pistol on his lap in the driver’s seat of a silver Chevrolet Malibu. He had been shot in the rear of his left shoulder, the left side of his chest, and his right arm. In his car, police found two spent 9 mm casings in the back passenger compartment. There was also a bullet strike mark on the roof of the vehicle’s front passenger side.
Johnson had a loaded 9 mm semi-automatic pistol under his right arm as he lay in the parking lot outside the passenger’s side of the Malibu, the affidavit said. He had been shot in the neck and the top of his head.
Welch allegedly drove off in a silver Chevrolet Trailblazer but was stopped after police issued a “be on the lookout” (BOLO) alert for the vehicle.
Welch says self-defense
At the Tallahassee Police Department, Welch allegedly told police how the events unfolded.
Johnson and Tompkins were arguing over Johnson taking a pistol from Tompkins weeks earlier, Welch allegedly told investigators.
He said one of their friends encouraged the two to get into a fistfight, but Tompkins said he’d rather “shoot it out,” and they took their argument to McDonald’s, Welch said, according to the affidavit.
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Welch claimed after Thompkins shot Johnson and turned toward him, he acted in self-defense when he shot and killed Thompkins.
“Welch said this action by Trenton Tompkins frightened him to the point he feared he would lose his own life,” the affidavit said.
Welch said he pulled a firearm from his waistband and fired several rounds into Tompkins’ car, where Tompkins was sitting, the document said.
“Several rounds would penetrate the vehicle and continue into Trenton Tompkins,” according to the affidavit.
Afterward, Welch told investigators he drove to the Torchlight Townhomes, where he disposed of the gun he used in a nearby pond. The gun has not been found.
Welch said he told Johnson’s family what happened before calling his mother. Welch’s mother met him at the location before he drove to their residence, the affidavit said.
Witness statements appear to contradict Welch’s self-defense claim
On the way to McDonald’s, a witness said Johnson told him he was going to take Tompkins’ other gun and money. Johnson had robbed Tompkins of a firearm and money about a month earlier, the witness said, according to the affidavit.
Once there, Johnson and Welch tried to fight him, and Johnson threatened to kill Tompkins, according to the witness. Johnson and Welch approached both sides of Tompkins’ car with firearms, the witness said. Johnson asked Welch if he was “ready,” interpreted to mean if he was ready to engage and if his firearm was loaded with a round in the firearm’s chamber, the affidavit said.
Johnson got into Tompkins’ vehicle about three separate times, armed with a gun, the affidavit alleged the witness said.
When Welch allegedly tried to take Tompkins’ gun through the driver’s side door, Tompkins fired at Johnson as he tried to get out of the vehicle, and Welch allegedly fired into the car at Tompkins, the document said, citing the witness.
Surveillance footage of the incident allegedly showed Welch firing several rounds into the vehicle before fleeing the scene, the document said.
“Welch was shown a portion of the video where he stated the subject in the video was indeed him firing upon the vehicle,” the affidavit said.
Welch has not yet entered a plea in this case. His defense attorney didn’t respond to an email from Law&Crime seeking comment.
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