Woman charged with disorderly conduct, battery on an officer, and attempted escape after downtown shooting
Staff report
GAINESVILLE, Fla. – Shelby Cecile Burgess, 35, was arrested early this morning after allegedly tearing down crime scene tape after a downtown shooting; after she was transported to an emergency room, she allegedly pushed an officer before running out of the facility in an attempt to escape.
At about 1:17 a.m., Gainesville Police Department officers were investigating the shooting of two people near the intersection of University Avenue and Main Street (click here for information previously released about the incident) when Burgess allegedly tore down the crime scene tape from a pole, yelled at multiple officers about unrelated issues, and caused a disturbance in a public area.
[Editor’s note: Burgess’s arrest report states that two individuals were shot, but GPD’s official information about the incident at publication time was that one person was shot. The discrepancy may result from officers having different or incomplete information immediately after the incident.]
When an officer replaced the crime scene tape, Burgess allegedly tore it down again; an officer told her to stop removing the crime scene tape, and Burgess reportedly yelled that she was “touching the pole.” Burgess allegedly continued ignoring multiple commands from law enforcement and pulled down the crime scene tape again, leading to a foot chase when she tried to run away.
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Burgess reportedly fell during the apprehension and was taken to an emergency room to be treated for her injuries. At the emergency room, she reportedly became aggressive, saying she didn’t understand her charges; she allegedly ran to the bathroom, ran out of the bathroom, pushed an officer with both hands, and ran out of the facility. She was apprehended in the parking lot and brought back inside to be medically cleared.
A witness reportedly said she saw Burgess push the officer and run around the lobby before running out of the building.
Post Miranda, Burgess reportedly did not want to answer any questions.
Burgess has been charged with attempted escape, battery on an officer, obstructing an investigation, resisting an officer without violence, and disorderly conduct. She has two misdemeanor convictions from a May 2024 arrest for disorderly conduct and resisting an officer without violence; after entering a plea of nolo contendere to the charges, she was adjudicated guilty of the charges and fined for court costs and the costs of prosecution. Judge James Colaw set bail at $55,000.
Articles about arrests are based on reports from law enforcement agencies. The charges listed are taken from the arrest report and/or court records and are only accusations. All suspects are innocent until proven guilty in a court of law.
Stepdad who took ‘agitated’ 9-year-old’s cellphone away for playing Fortnite shoots his adult stepson dead for coming to the child’s defense: Police
Conrad HoytMay 22nd, 2025, 11:09 am
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Left: Kelly Agar Garcia (Polk County Sheriff’s Office) Right: Azareel Martinez (Davenport Police Department)
A man has been charged with shooting and killing his adult stepson after what police called a domestic fight over the popular video game Fortnite.
Kelly Garcia, 43, and his wife, Adriane Daza, 48, were in their home in Davenport, Florida, on Wednesday evening with Daza’s son, Azareel Martinez, 26, and her two minor children, ages 9 and 11, respectively.
According to Davenport police, the 9-year-old son was found playing Fortnite, a game which his parents had forbidden him from playing. Upon being disciplined and having his cellphone taken away, the 9-year-old is said to have grabbed a Smith & Wesson 9 mm handgun from a nightstand drawer in his parents’ bedroom.
Garcia was able to grab the gun from the boy, police said, but at this time, Martinez entered the room, saw the boy in an “agitated” state, and began speaking out against his stepfather. Garcia is accused of then shooting Martinez several times in the chest and stomach.
As Martinez retreated, Garcia shot him twice more in the back, police said, forcing Martinez to collapse to the ground. He was brought to a local hospital where he died.
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Police arrived at the home, located in the Citrus Landing community, at about 7:10 p.m. on Wednesday, and the Polk County Sheriff’s Office assisted in the forensics investigation of what law enforcement called an “extensive” crime scene. Garcia has been charged with second-degree murder and the unlawful storage of a firearm accessible to a minor. He was being held in the Polk County jail as of Thursday morning.
Davenport is a city in Polk County, located about 30 miles southwest of Orlando.
The maximum sentence for a second-degree murder conviction in Florida is life in prison.
