A 26-year-old is dead after his stepfather shot him at a home in Polk County, police said. Davenport Police Department officers responded to the home at 7:10 p.m. Wednesday on Citrus Landing Boulevard. They learned that shortly before 7 p.m., Kelly Garcia, 43, and his 48-year-old wife Adriane Daza were in the home with Daza's three children who are 9, 11 and 26 years old. The 9-year-old boy was in Azareel J. Martinez's bedroom, who is the 26-year-old, and was playing the video game Fortnite, although his parents previously forbid him from playing that game. Daza took his phone away as a punishment causing him to be upset, according to the news release from police. Then, the boy walked into her bedroom and pulled out a gun from the nightstand drawer, police said. Garcia and Daza struggled with the 9-year-old to get the gun and Garcia was able to get a hold of it. After, Martinez walked into the bedroom and saw the 9-year-old upset and Garcia holding the gun. Garcia and Martinez started arguing, and Garcia shot him several times in the chest and abdominal area, the release stated. Martinez left the bedroom and Garcia shot him twice more in the back before he ultimately collapsed, according to police. The 26-year-old was transported to a local hospital where he died from his injuries. Now, Garcia is being charged with second-degree murder and unlawful storage of a firearm. He is currently being held in the Polk County Jail.