Gun dispute at Marathon convenience store

One man pointed a handgun at another man in a dispute over how long it was taking for him to move his truck from gas pumps at a Marathon convenience store.

The incident took place at 8 p.m. at the Circle K convenience store at 11100 Overseas Highway in Marathon. The victim told responding deputies he was waiting at the gas pumps for couple in a black truck to move. He said they were taking a long time, so he honked his horn. He said the couple jumped out of the truck and began to yell at him. During the confrontation, he said the male suspect, later identified as 36 year old Jose Olivera, Jr of Marathon., pointed a dark colored revolver at him. He said the couple then got back into the truck and fled from the store.

Sgt. James Hager heard a notice to be on the lookout for the truck over his police radio and spotted the truck – a black extended cab Toyota – on Aviation Boulevard near Coconut Cay Resort. The truck failed to stop at a stop sign, turning from Aviation onto U.S. One. Sgt. Hager pulled the truck over and ordered the couple out of the vehicle.

In plain view on the vehicle, Sgt. Hager saw a silver semi-automatic handgun. The victim positively identified the couple as the ones who threatened him. He was insistent, though, that the gun was a revolver.

Deputy Hager walked back along the path the truck had taken when it fled from the Circle K store. He foiund a black Ruger .38 caliber revolver  on the ground at the corner of Aviation Boulevard and U.S. One.

Olivera denied pointing a gun at the victim, but said he threw the revolver out of his truck “because he was scared”. Olivera was visibly impaired and smelled of alcohol at the time of his arrest.

Olivera was charged with aggravated assault with a deadly weapon, improper exhibition of a firearm, use of a firearm while under the influence of alcohol and tampering with evidence. He was booked into jail.

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