West Frostproof Man Facing Murder Charges After Deputies Shot His Brother After Being Attacked

An ill-conceived attempt to prevent Polk County Sheriff's deputies from arresting his brother left a West Frostproof man dead and his brother facing sharply-increased charges.

According to the Polk County Sheriff's office, Primitivo Garcia, 43, has been charged with 2nd degree felony murder, resisting arrest with violence, resisting arrest without violence, escape, and petit theft, for his role last evening in the death of his brother, Francisco Garcia-Vega. The two brothers resided at of 123 West Frostproof Baptist Church Road in Frostproof.

Police arrived with a warrant for Garcia's arrest for failure to pay child support. He actively resisted them as his brother approached and struck Deputy Sheriff Draven Martin in the head with a piece of lumber, injuring him.

Francisco Garcia-Vega was then preparing to hit the deputies again but was shot by Martin and Sergeant Dicson Collazo. He succumbed to his injuries at a local hospital.

Courtesy Polk County Sheriff's Office

Primitivo Garcia is facing a wide variety of charges after reportedly initiating a fight with deputies that led to his brother's death.

Primitivo Garcia escaped from the deputies before they were able to deploy their Tasers and take him into custody.

Deputy Martin was transported to Lakeland Regional Health Medical Center, having sustained a 3.5 inch wound to the back of his head. He was released after treatment and a Medical evaluation. He has been a deputy sheriff for over three years. Sergeant Collazo has been with the agency for 12 years, the statement said.

According to a Sheriff's office press statement, Garcia-Vega's criminal history includes five felonies and 25 misdemeanors including several battery charges, resisting arrest, drug possession, and disorderly conduct. He is a U.S. citizen, born in Florida.

Francisco Garcia had a criminal history dating to 2004 that included four felonies and 10 misdemeanors, including aggravated battery, resisting arrest, disorderly conduct, DUI, and failure to appear. Francisco was a Mexican national and a legal resident with a work visa.

The PCSO Environmental Crimes deputies assessed the property and found piles of solid waste, broken down bicycles/parts, bicycle tires, various pieces of rusted metals, piles of household trash, household garbage, construction materials such as plywood and scrap wood, five tires, open containers with various household trash and household goods, and gallon size paint cans.

Courtesy Polk County Sheriff's Office

Francisco Garcia-Vega was left dead after being shot by two deputies who he reportedly attacked as they were attempting to arrest his brother for failure to pay child support.

The various open containers allowed the collection of water and breeding of mosquitos that are known to spread diseases to humans and animals. A trailer was found on the easement of Polk County roadway with an open cooler that also contained water and insect larva. Several open plastic pipes going to septic tank system from the single mobile home were cracked or broken.

As a result of the inspection, Garcia has also been charged with three counts creating a nuisance injurious to health (M2) and two counts operating a landfill without a permit (M1).

Per standard protocol for police-involved shootings there are four investigations currently underway, including an independent investigation by the 10th Judicial Circuit's Officer Involved Deadly Incident (OIDI) Task Force.

An internal investigation by the PCSO Administrative Investigations Unit is being accompanied by an autopsy by the Polk County Medical Examiner to determine the manner and cause of death.

All investigative findings are forwarded to the 10th Judicial Circuit State Attorney's Office for their investigation and review.