The family of Taylor & Byron Garrett shared pictures and memories of the Kansas City brothers after they were killed in a shooting at a gas station.(Family of Tyrone & Byron Garrett)
Nearly a month later, their family is speaking out – arguing prosecutors aren’t doing enough to hold the accused gunman accountable.
Jackson County Prosecutor Melesa Johnson said charges comply with Missouri law, and added that the office understands the family’s disappointment. (Full statement at the bottom of the article.)
The man charged in the case, Emmanuel Hernandez, faces voluntary manslaughter – but only for one of the brothers’ deaths.
Family members say they’ve watched surveillance video showing the moments leading up to the shooting, and they believe the charges should be stronger.
“Anger, disappointment, disbelief, anger. It’s anger. We angry,” Danielle Palmer, Garretts’ cousin, said.
The video begins with Hernandez’s light-colored SUV and the brothers’ dark SUV driving closely together through city streets. They believe the timeline shown to the grand jury left out a key piece of the encounter.
“From my understanding, (it started at) the Guinotte Manor apartment complexes. The video that we saw did not come from there,” Palmer said.
The next sequence shows the brothers pulling into a gas station. Hernandez following behind their car, watches them park, and then circles around to another entrance.
A confrontation happens in the parking lot with words being exchanged between Hernandez, and the Garretts – leading to Taylor Garrett striking Hernandez in the face a few times before the fight ends, and the Garretts walk inside the convenience store.
“It’s hard to see your family members walking in a video and moving when you know you just buried them,” Palmer said.
The footage shows Hernandez does not enter the store for about three minutes.
“He followed them into the store. He continued to initiate and engage them in words. My cousin’s back was turned to him in the store. He walked up behind him, said words to him, baited him to fight him again.
Surveillance video of a deadly double homicide at a Kansas City gas station was released after a grand jury indicted a man for the crime.(Jackson County Prosecutor’s Office)
Next, Taylor Garrett hits Hernandez in the face, Hernandez pulls out a gun, and both Taylor and Byron begin to retreat. Hernandez shoots at them multiple times, including when they are laying on the ground. He then backs up a couple steps, then advances forward and pistol whips Byron Garrett.
“This is premeditated murder. This is not a stand your ground case. He knew exactly what he was doing when he followed my cousins into that store,” Palmer said.
The family of Taylor & Byron Garrett shared pictures and memories of the Kansas City brothers after they were killed in a shooting at a gas station.(Family of Tyrone & Byron Garrett)
For the Garrett family, the fight isn’t just about grief – it’s about making sure both brothers’ lives are valued equally in court.
“Prosecutor Johnson and other senior prosecutors met with the victim’s family earlier this week to explain the office’s charging decision and answer their questions. While they understand the family’s disappointment, their decisions must follow Missouri law and what the evidence proves – not speculation or belief.
“Some claim the defendant made threats before the gas station incident, but after review of available city camera footage the office has no hard evidence of who started any prior altercation. The video at the scene shows that one of the victims struck the defendant first in both encounters, making him the initial aggressor under Missouri law and justifying the defendant’s use of self-defense. The other brother, while not fighting inside, was blocking the exit, which also triggers self-defense protections.
“However, the office believes the defendant went too far when he continued to use force after the second victim was down. That’s why prosecutors charged Voluntary Manslaughter – not Murder. Without clear evidence of a premeditated killing without provocation, First Degree Murder cannot be charged.
“The office also cannot prove the defendant retrieved a gun between encounters; the video doesn’t show it clearly. Even if he did, Missouri law permits concealed carry, so it wouldn’t be a contributing factor to a charging decision.
“Prosecutors charge based only on evidence law enforcement provides. If anyone has additional footage or information, we encourage them to provide it to police.
“These decisions are hard to accept, and our thoughts are with those impacted. Our office remains committed to transparency. To address misinformation, Prosecutor Johnson also invited trusted community leaders and influencers to view the full video and learn how self-defense law applied here. State law prevented our office from publicly releasing the video, but this meeting allowed the office to share as much as possible to curb misinformation.”
