a crime scene do not cross sign with a police car in the background

A fight in a parking lot behind Duval Street businesses escalated around 1 a.m. on Dec. 3, when one man says he pulled a knife to defend himself against two others, one of whom then fired a shot from his handgun, but did not hit anyone.

The man who shot the gun, Jake Ryan Graziano, 27, of Big Coppitt Key, was arrested on charges of aggravated assault with a deadly weapon without intent to kill, felony battery and discharging a firearm in public.

a mug shot of a man in a black hoodie
Jake Ryan Graziano, 27, was arrested Dec. 3 on charges of aggravated assault with a deadly weapon without intent to kill, felony battery and discharging a firearm in public. MCSO/Contributed

The investigation is ongoing and could lead to additional arrests and charges, according to Key West police, who interviewed the alleged victim, Jesus Diaz, 19, and the other men who were with Graziano, Kyler Lowery, 24, Joseph Leto, 27, and Samir Mendoza, 26. 

Diaz was taken to Lower Keys Medical Center to be treated, not for a gunshot wound, but for a head injury he reportedly sustained during the physical fight that took place in the parking lot behind Matheessen’s ice cream and cookie shop at 419 Duval St.

The incident began shortly after 1 a.m., when Diaz reportedly returned to the parking lot, where he said he had been previously confronted by Graziano and three others who were hanging out by a pickup truck. At the time, Diaz was with his girlfriend and her mother. After dropping the women off at their United Street home, Diaz told police, he returned to the parking lot because he felt the other men had “called him out” and were disrespectful toward the women, states the arrest report provided to the Keys Weekly by Key West Police.

Diaz said he approached Graziano and was then headbutted by Lowery. A physical fight ensued and all three men ended up on the ground. The arrest report does not mention Leto or Mendoza being involved in the physical confrontation. During the fray, Diaz said, he pulled a folding knife from his waistband to defend himself, the arrest report states. The knife prompted Graziano to get a Glock 48 9mm handgun from the glove compartment of his truck. He told police he fired a single warning shot at the ground, but security footage from nearby businesses show Graziano at one point pointing the gun toward Diaz, the report states.

The bullet did not hit Diaz or anyone else, police said, but Diaz was bleeding from the physical fight, and Lowery was reportedly stabbed in the right arm. When Lowery realized he was bleeding, he told his friends he had been stabbed and they needed to leave, the report states. 

Lowery, Graziano, Leto and Mendoza left in Graziano’s pickup truck and Diaz called 911, thinking he’d been shot in the head when he felt blood dripping from his forehead, the report states. Diaz was able to film video of the departing pickup truck, which was registered to Graziano, who lives on Macaw Lane on Big Coppitt Key.

Police found Graziano, Leto and Mendoza at the Big Coppitt address and took all three to the police station for questioning. Lowery was later found at his apartment on Rockland Key and also taken in for questioning. Lowery told police the men had stopped at Lowery’s father’s apartment on Truman Avenue after leaving the parking lot. Graziano had asked Lowery if he could hide the gun for him. Lowery told police Graziano had stashed the gun in a backyard shed at the Truman Avenue apartment. It was found and entered into evidence, the report states. 

Ten hours after the incident occurred, police arrested Jake Ryan Graziano around 11:45 a.m. on Dec. 3.

Key West Police Chief Sean Brandenburg told the Keys Weekly that the investigation is continuing, and police spokeswoman Alyson Crean said additional charges or arrests are possible.

Mandy Miles
Mandy Miles drops stuff, breaks things and falls down more than any adult should. An award-winning writer, reporter and columnist, she's been stringing words together in Key West since 1998. "Local news is crucial," she says. "It informs and connects a community. It prompts conversation. It gets people involved, holds people accountable. The Keys Weekly takes its responsibility seriously. Our owners are raising families in Key West & Marathon. Our writers live in the communities we cover - Key West, Marathon & the Upper Keys. We respect our readers. We question our leaders. We believe in the Florida Keys community. And we like to have a good time." Mandy's married to a saintly — and handy — fishing captain, and can't imagine living anywhere else.