A construction job in Ormond Beach went from routine to criminal when a 21-year-old worker allegedly fired a nail gun into a coworker’s back, according to deputies. The 36-year-old man was rushed to Halifax Health Hospital in Daytona Beach, where staff removed a finishing nail from his back. The suspected shooter is now in jail on a felony charge.
Deputies say Marcos Enrique Felipe Garcia, 21, was charged with aggravated battery with a deadly weapon after they arrived at the job site and found the injured worker inside a Volusia County EMS ambulance, according to WFTV. Hospital staff turned over the removed finishing nail as evidence, and investigators also collected digital images and the victim’s shirt, the station reported.
How Deputies Say It Unfolded
The victim told investigators he had been checking pieces at the back of the work site when a crew member walked up behind him, pressed the nail gun into his right torso, and fired. "This guy came to the back, pressed the gun to my back, and pulled the trigger," the man told deputies, according to WFTV.
Garcia told deputies through an interpreter that he thought he was pulling a prank, saying he meant only to "scare" the victim because he believed the man had "messed up some work," according to the outlet. That explanation did not stop the case from turning into a felony investigation.
Booking And Immigration Detainer
Following the investigation, an immigration detainer was placed on Garcia. Deputies say he told them he is a Guatemalan national and did not have identification. Online booking records list him as a transient whose last-known address was in Orlando and show he is being held without bail, according to KIRO 7.
Nail Gun Risks And Safety
Federal workplace safety officials have long warned that nail guns are no joke. The tools cause tens of thousands of painful injuries every year and are responsible for an estimated 37,000 emergency-room visits annually, according to OSHA.
The National Institute for Occupational Safety and Health recommends steps such as using sequential-trigger nailers, training workers on safe operation, setting clear procedures, and using personal protective equipment to cut down on accidental discharges and serious injuries. That guidance is summarized in the agency’s nail-gun safety guide, according to NIOSH.
What The Charge Means
Under Florida law, aggravated battery includes committing a battery with a deadly weapon and is treated as a second-degree felony, punishable under state sentencing statutes, according to the Florida Senate. Whether a nail gun qualifies as a "deadly weapon" can hinge on how prosecutors say the tool was used and the level of harm it caused.
What’s Next
Deputies say the victim told them he wants to pursue criminal charges while investigators continue processing evidence and finishing their reports. Local outlets first detailed the case using information from the sheriff’s investigation. Garcia remains jailed without bond while prosecutors decide the next steps, according to WKRC Local 12.
