A 38-year-old man accused of killing a friend last week told Kitsap County Sheriff’s detectives that during a night of drinking, the two had gotten into a disagreement. As his friend became aggressive, he struck him with a pistol, and the gun fired.
Shawn Michael Dean Hamlin, 38, of Port Orchard, was charged Tuesday with second-degree murder for the death of David Ray Garcia, who Hamlin said he knew as David Pettit. He was also charged with first-degree burglary.
Hamlin pleaded not guilty to the charges and bail was set at $1 million.
Following Hamlin's arraignment Tuesday, his mother told the Kitsap Sun her son was not violent by nature and she believed he acted in self-defense.
"This is not in his character," said Hamlin's mother, Dana, who asked that her last name not be printed.
Medics were called Friday night to a residence on the 12000 block of Triviere Trail, outside Port Orchard, when a friend of Garcia’s found him unresponsive. Medics found what appeared to be a gunshot wound above Garcia’s eye and called for deputies.
The cause of Garcia's death has not been released; an autopsy was scheduled for Tuesday.
On Monday, Hamlin went to the Sheriff’s Office and asked to speak to a detective. He gave a statement claiming that he had been at Garcia’s residence Thursday through Friday morning, at first to work on a clothes dryer and a vehicle. After the work was done he and Garcia spent time hanging out, watching YouTube videos and TV, according to court documents.
At some point, a couple came to the residence and used the restroom. Garcia became upset at how long the couple took, according to documents, and snapped at Hamlin who had been playing with an airsoft rifle. Airsoft pistols and rifles are not firearms, but air guns that shoot plastic BBs.
“Quit with the (expletive) guns,” Garcia said to Hamlin, according to Hamlin’s account. At about 6 a.m., Garcia ordered Hamlin to leave and became “physical.” Hamlin left the residence but asked to go back inside to retrieve his things. Hamlin said Garcia punched him in the face.
“Hamlin’s lower right jaw was swollen, bruised and slightly purple,” a detective wrote.
Garcia locked Hamlin out, but Hamlin said he forced his way back inside to retrieve his tools and other belongings. Hamlin had a firearm on his right hip, a pistol, and he told detectives Garcia grabbed it.
Hamlin had a concealed pistol license, according to a declaration he filed during a 2015 divorce case.
“I am not obsessed with them,” Hamlin wrote in the declaration responding to an allegation made by his then wife.
Hamlin said he took back that pistol and hit Garcia in the head with it, according to court documents. This appeared to stun Garcia and gave Hamlin enough time to gather his things and leave.
At first, Hamlin denied that the gun discharged. During his account, detectives placed him under arrest, but Hamlin continued his statement.
Hamlin said he returned to Garcia’s residence later Saturday to check on him, but after knocking and receiving no answer he left.
Another man who lives on the property said a man had come by the house that afternoon. He gave a description similar to Hamlin’s, according to court documents.
Later in his statement, Hamlin told detectives he heard the gun discharge. When asked about a shell casing, Hamlin said the gun jammed and the casing was stuck. He said he cleaned the gun before storing it in a safe at home.
Detectives noted what they thought were other inconsistencies in Hamlin's statement and asked why he didn’t call 911.
“He said he did not think (Garcia) was dead and that is why he went back later to check on him, though he never went inside to check,” an investigator wrote. “He said he did not mean to kill (Garcia). He said he came in today to tell us what he knew. He said while talking with us today his memory came back that the gun went off. He was very emotional and could not believe it happened.”
Detectives searched Hamlin’s residence and found his gun, a shell casing, clothing and other items.
Hamlin's mother said he is well-regarded at his job in the Puget Sound Naval Shipyard and had been invited to Garcia's residence to work. She said he comes from a family of law enforcement officers and respects the law and wanted to do the right thing, which is why he voluntarily went to speak to detectives.
"I strongly believe he knew he was innocent and wanted to explain it and didn't know the consequences," Dana said.
She said Hamlin is a good father to his two children and has coached youth soccer.
"He's just a gentle giant," she said.
