TEMPLE TERRACE — In one respect, Francisco Galvan is a crime victim.
Galvan, 20, told police he drove two people to a Temple Terrace apartment complex earlier this month to sell some marijuana, court records show. But the would-be buyer and someone working with him opened fire on Galvan’s car, hitting Galvan and both people with him.
One of them, 18-year-old Ismael Reyes-Barajas, was killed. Galvan and the other person with him survived.
Now Galvan faces a relatively rare third-degree murder charge because the Jan. 7 shootings happened during the attempted pot deal, according to his arrest report.
Galvan was arrested Wednesday, booked into the Hillsborough County jail and released Thursday after posting $15,000 bail, records show. Jail records show he lives in Riverview. Efforts to find a working phone number to reach Galvan for comment were unsuccessful. There is no attorney for him listed in court records.
Galvan’s arrest report says the killing of Reyes-Barajas was “committed during the commission of a felony that (Galvan) was involved in,” the report states.
Florida law says third-degree murder is “the unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony” other than nearly two dozen listed exceptions. If the killing happens during the commission of any of the listed underlying felonies — such as robbery or carjacking — the murder charge could be upgraded to so-called felony murder, which carries a mandatory sentence of life in prison.
Third-degree murder is punishable by up to 15 years in prison.
Galvan told Temple Terrace police that on the day of the shooting, he drove Reyes-Barajas and the other person to the Park at Valenza Apartments, a complex off Bullard Parkway just east of the Hillsborough River, to meet a man to sell him marijuana, according to his arrest report.
Galvan parked in a space near the building at 6901 Riverchase Drive and the would-be buyer and another unidentified male “working with” the buyer opened fire on the car. Galvan, Reyes-Barajas and the person with them all were hit.
The trio managed to drive to Tampa General Hospital; the report doesn’t state which one did the driving. Reyes-Barajas died that day.
The name of the third person with Galvan is included in his arrest report. His age is unknown — a spokesperson for Temple Terrace police said the department cannot release his date of birth because he a juvenile. The Tampa Bay Times is not naming him because he is a minor and it’s unclear if he has also been arrested in connection to the case. The spokesperson declined to answer questions about the case because the investigation is ongoing.
Galvan identified the would-be buyer who shot him by using a photo on his Instagram account, the report states. The name of that suspect is included in the report; the police spokesperson said he is a juvenile. The Times is not naming him because he is a minor and it’s unclear if he has been arrested or charged with a crime.