In mid-afternoon Saturday (Aug. 22), Alan Presley Jr., 32, shot Joshua Lemaster, firing several rounds and wounding him in the stomach. The two had been arguing when the shooting took place at 5E Hargrove Lane, one of the dozens of businesses at the Palm Coast Commercial and Industrial Center off the west end of Hargrove Grade.
Reports to 911 were that five shots had been fired. Lemaster was airlifted to Halifax hospital in Daytona Beach and was expected to survive. Presley stayed near the scene. The sheriff’s office described him as “cooperative” after the shooting, which was witnessed by at least two Palm Coast residents–a 48-year-old and a 39-year-old, both men.
Presley was not arrested. He was wearing a ball cap, glasses and no shirt as he stood next to a 2-door Kia parked about 50 to 55 yards away, in Building D in the same cluster of hangar-like buildings. Deputies kept him at gunpoint until he was handcuffed and placed in the back of a a patrol vehicle.
A small firearm and ammunition were located in the front seat of the Kia. Deputies subsequently got a search warrant for the car and the garage where the shooting took place. “The search of the business found four spent shell casings along with THC concentrate, marijuana, and drug paraphernalia,” a sheriff’s release stated, as was a second firearm that had been stolen in Volusia County. “There were conflicting reports as to whether or not Lemaster had brandished a firearm during the argument,” the release states.
Both witnesses to the shooting wrote out statements. No arrests were made because if Presley was acting in self-defense, the state’s Stand Your Ground law could be invoked. Lemaster’s status as a convicted felon who may have illegally been in possession of a firearm is a factor in the investigation, and the initial decision not to make arrests yet.
“There were numerous witnesses to this shooting,” Sheriff Rick Staly said. “At this point, detectives are still piecing together the sequence of events but preliminary information indicates this may be a ‘stand your ground’ case with a convicted felon that illegally had a stolen firearm. More information will be released as the investigation continues.” The investigation is ongoing.
Presley was the subject of a felony criminal mischief complaint in 2006 but the charge was dropped. In September 2018 he faced a domestic battery charge involving his ex-girlfriend, and subsequently was charged with an injunction violation, but the charge was not pursued.
Lemaster has a long criminal history, with his most recent arrest last January, on a felony drug charge–it was dropped–and his first criminal charge as an adult going back to when he was 18 and allegedly defrauded a taxi cab. He was not prosecuted. He’s faced several misdemeanor and felony charges since, including interference with the custody of a minor and, in 2014, discharging a firearm in public (he’d been firing a large-caliber firearm at Saw Mill Estates). Adjudication was withheld in that case.
In 2017, he was charged with statutory rape of a 14-year-old girl when he was 20 and found guilty, resulting in a year’s jail time at the county jail, five years’ probation and a lifetime designation as a sex offender. His probation doesn’t expire until December 2023. He violated his probation in February with a drug possession.
Allyn Feinstein says
These guys have gotten enough breaks.
Yes, they sure have and they keep getting away with it. If Flagler is so big on getting this type of behavior to stop. Then why is this family still here in our town?!
Idk maybe bc they been here for 25-30 years? You don’t chase a fam out of a town bc of what YOU think or the police. What the heck you still here? Sabrina the Know it all?
Concerned citizen says
All I see on these two characters is dropping of charges, adjudication, no convinctions. Now a shooting and still no arrest?? Legal sustem needs to do their job!!
Wow. How do you get information on a victims criminal past, for things they were never arrested for? And what does either guys criminal past have to do with this case? And no, the victim is not fine. And I find stand your ground almost impossible here bc the victim was shot in the back, not the stomach. Seems like the only info provided was given by police, so that automatically makes it true?
And above all, this young man has a family, that loves him. To possibly lose your life or become paralyzed over an argument is insane. The shooter came to victims place of business, waited in a car, and came out shooting over hearing a simple argument. He was in a car, no one knew he was there(except for the guy he drove there), so how was there imminent danger for him? The ppl inside the shop did not know man with gun was in car waiting. Dutifully reporters actually report on both sides of story. You hv skewed the article to favor shooter. And regardless, this man should be arrested. He shot a human. Not the cops decision to decide if stand your ground, I believe that’s up to state’s attorney. Bc he has a criminal past, he’s automatically not believed?
Family friend says
Exactly true about being shot in the back,that alone tells a lot regardless of anything from the past.
Family friend? I’m a family member. Abhorred by what ppl write. Saying my fam should move out of town They really need to enlighten themselves. This has not been Mayberry for a long time. Criminal activity and even convicted criminals are a plenty here. And honestly, there are criminals in every community.
Yes JMB ,I’m a good friend of J and spoke to his dad today to get updates on his condition. I’m R but don’t really want to show here.have known family around 10 years or more.yes people say shit without even knowing real facts. Seems more like an ambush not stand your ground
Why is in Flagler County when it comes to white people doing shootings the cops never want to jump to conclusions or so called rush to judgment? It’s amazing how thorough and bound by the law they become. Like these past cases.
Lance Carroll says
To me, it sounds like the court system is unable to keep a safe community in Flagler County. @flaglerlive: please state the name(s) of the judge(s) in concern to as to Mr. Lemaster’s court cases documented in this article within?
Why do you need the judges names? And why for only LeMaster? Every person involved in shooting and every witness has a criminal record. I do not believe judges names are public info unless you request and pay for trial transcript. If you can even do that.
Willy Boy says
[not arrested, charge was dropped, charge was not pursued, it was dropped, He was not prosecuted., Adjudication was withheld, violated his probation] – a familiar pattern.
E. Hoffa says
If Lemaster violated his probation in Feb, WHY is he NOT in Jail?
Because he never gets jailed! My family and I bought a house next door to him and his so called family when we moved to Fl. Let me tell you the HELL we went through! He tried to run me over at my mailbox because I called the police on him. He had a gun pointed at me. He and his mother, father and brother terrorized the elderly neighbor across the street, to the point she dold her house n moved! We had no trespass orders on them all. None of them were arrested, even though we had video surveillance proving their illegal actions. He deserves what happens. You don’t terrorize an entire neighborhood, to the point ppl wouldn’t even walk by their house, ppl wouldnt come outside if they were. They would sit in their garage with ALL their guns, playing music loud, and screaming threats to everyone. This is NOT ok!
I wonder if he had a background check done when he aquired his stolen firearm. And whoever had their gun stolen should be prosecuted right?………yes that IS sarcasm. Guess there is more than gun show loop holes eh?…..
Steven M. Harris says
The references to “Stand Your Ground” (SYG) law, that is, that it might be invoked, and it being such a case, are evidence of a complete misunderstanding of Florida law. That concept only has to do with whether or not a person using defensive force has a duty to retreat if it can be done safely. The facts as presented above suggest SYG is either factually or legally inapplicable. Or both.
No duty to retreat in Florida…