The Wichita resident who police say shot and killed a Garden City man in a Dillons parking lot told detectives he felt threatened, according to a probable cause affidavit obtained by The Garden City Telegram Monday.
In it, Loren Wiseman, 21, said before he shot, he told 32-year-old Jeremy Pascascio to leave, counting down twice before using lethal force. He said he counted from 10 to one and again from five down to one before firing the gun.
Wiseman is in jail on suspicion of first degree murder in Pascascio’s death.
The affidavit includes the sworn statements of witnesses, as well as Wiseman.
According to it, Wiseman told detectives he and a companion, whose name was redacted, left the nearby YMCA at about 5 p.m Dec. 6, where there had been a birthday party. They’d been asked to buy cleaning supplies.
Wiseman, who was in the passenger seat, said he saw Pascascio making hand gestures that Wiseman took to be “either gang signs or the motion of a gun.”
According to Wiseman’s testimony, his companion drove around the parking lot seeking a parking space. He and his companion were about to exit the car to go into the store when he saw Pascascio standing on the passenger side of the vehicle yelling in Spanish.
Wiseman told detectives that at some point, he showed Pascascio a Lorcin .380 semi automatic handgun, which he took out of the glove compartment. He said Pascascio continued yelling and threatening him.
At that point, Wiseman said in his statement that he told Pascascio: “I will shoot you,” after which he proceeded to count down from 10 to one. He said he did not shoot, however, until counting down the second time from five to one.
The affidavit also indicated Wiseman admitted to lying about having a cellphone when he was first asked by the police, saying he could not call the police after the shooting. He later admitted he had a cellphone, but said it didn’t get good service in Garden City, so he didn’t believe he’d be able to use it to call 911.
He also initially said he’d received the firearm from his grandfather as a gift, but later changed that statement, saying he had obtained it from an individual he called “Jay.”
A postmortem autopsy performed Dec. 7 revealed Pascascio suffered three gunshot wounds to his upper body. His death was ruled a homicide.
The investigating detective stated several witnesses confirmed a verbal confrontation between the two men before the shooting. At one point, a witness told police, Pascascio told Wiseman to “Put the gun away and fight like a man.”
Police have not given any indication as to what the nature of the relationship between the two men may have been.
Wiseman is expected in court again at 3 p.m. Jan. 12 before Judge Michael Quint. Last week, he attended a hearing via video link, which was aimed at making sure he understood his arrest and subsequent charges. Wiseman has requested a court-appointed attorney.
Wiseman’s bond was set at $900,000. He remains in custody in the Finney County Jail.
If convicted, he would face either a Hard 50 or a Hard 20 sentence. The Hard 50 and 20 refer to the number of years before the individual would be eligible for parole if convicted of the crime.
Police responded to the shooting at Dillons East, 1305 E. Kansas Ave., at about 5:10 p.m. Dec. 6, where they found Pascascio lying in the parking lot with apparent gunshot wounds to his upper body. Pascascio was transported to St. Catherine Hospital, where he later was pronounced dead.