Family of man shot at Taco Bell talks to FOX 10 - FOX 10 News | fox10phoenix.com

Family of man shot at Taco Bell talks to FOX 10

Updated: April 14, 2012 8:00 PM
Daniel Adkins Daniel Adkins
LAVEEN, Ariz. -

The family of a man who was shot and killed in Phoenix earlier this month is struggling with their loved one's death -- even more so because they believe the shooter, who claimed self defense, should be behind bars -- and charged with murder.

It's been a tough two weeks for Daniel Adkins' family.

The 29-year-old, who had developmental disabilities, was out walking his dog earlier this month when he was shot and killed at a Taco Bell drive-through at 51st Avenue and Baseline.

"He hasn't came back home, and reality is starting to hit. And it's starting to be really frustrating," said the victim's sister, Marina Reyes.

It's frustrating because this family doesn't buy the claim of self defense, because Daniel was walking his dog and was unarmed.

The 22-year-old shooter, his girlfriend, and a witness claim Daniel swung his fists toward the driver, and that's why he had to shoot him, to protect himself.

He called 911 and stayed at the scene but hasn't been arrested.

"I believe he shot to kill," Reyes said.

For Daniel's family, it's the waiting game that is almost unbearable. They're hoping that the length of this investigation stems from the search for evidence -- such as a security video or surveillance from the bank next door -- something that proves that Daniel was walking his dog and nothing more.

As for Phoenix police, they're still investigating.

Daniel's family believes that his story is just as tragic as that of Trayvon Martin, because both victims were not armed when they were gunned down, and the shooter was allowed to go free.

"This is not justice, and this is absolutely not self defense, nor ‘stand your ground,'" Reyes said.

"He could have easily rolled up a window if he felt threatened. He could have rolled up the window and drove away and called 911 if he felt threatened. But no, he rolled down the window and had a gun loaded. Why is a guy even driving around to Taco Bell with a loaded gun?"

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