Lawsuit filed against Circle K Stores claims death of Edgewater Police officer was 'preventable'
Circle K faces $20 million lawsuit over off-duty officer’s death
Circle K is facing a $20 million lawsuit over the death of an off-duty Edgewater police officer who was shot and killed inside a Volusia County convenience store in September. The civil complaint, filed by the officer’s family, alleges the store and its manager were negligent for failing to act on warnings that an employee accused of killing the officer was dangerous.
ORMOND-BY-THE-SEA, Fla. - A family is suing Circle K Stores, claiming the death of an Edgewater Police officer at a gas station in September was preventable.
Edgewater Police Officer David Jewell was shot and killed inside a Circle K gas station in Ormond-by-the-Sea in September.
What we know:
The man charged with Jewell's murder, Eduardo Machado, was an employee of the gas station.
(Source: Edgewater Police Department)
The lawsuit, filed by Jewell's family, said Circle K was negligent in hiring Machado – which they believe led to Jewell's murder.
"Circle K Stores Inc. failed to use reasonable care to select and retain an employee that was competent and fit for the position," the complaint said.
Attorneys for the family said Circle K Stores Inc. was advised of Machado's use of illegal guns and was told by law enforcement that he was a "dangerous individual." The lawsuit said that Circle K ignored warnings from law enforcement about Machado.
Circle K Stores Inc. failed to take reasonable steps to prevent foreseeable harm, which directly resulted in Jewell's death, the complaint said.
The backstory:
Officer Jewell, who was off duty, was shot and killed on Sept. 15, 2025, while waiting to pay for a hot dog inside a Circle K gas station in Ormond-by-the-Sea, Florida, in what officials have described as a "targeted assassination." Volusia County Sheriff Mike Chitwood said the alleged suspect, Machado, fired 24 shots at Jewell in less than two minutes in a seemingly unprovoked ambush. The shooting was captured on surveillance camera.
Machado admitted to detectives that he shot Jewell multiple times and that he did it because he was having a bad day, Chitwood said. Machado alleged that he and Jewell had an argument, but was unable to provide any details on where, when, or what the argument was about, Sheriff Chitwood said during a press conference.
Edgewater Police Officer David Jewell killed: The latest
Edgewater Police Officer David Jewell was shot and killed while waiting to pay for a hot dog at a Circle K in Ormond-by-the-Sea. The suspect, a Circle K employee, allegedly fired 24 shots into Jewell in less than 2 minutes. He told deputies he had a back day. He bought the gun 10 days earlier, and picked it up the same day as the deadly shooting. Officer Jewell spent years in public service, previously working for Volusia Sheriff's Office and Lake Helen.
What is the family seeking?
David Jewell's family is seeking $20 million dollars for compensatory damages relating to loss of companionship, funeral expenses, and other losses permitted under Florida law.
The law firm representing the family said in a statement:
"This lawsuit is about responsibility. Our investigation indicates that Circle K failed to take basic measures that would have protected David Jewell. We intend to prove these facts in court and secure justice for the family. No one should have to endure this kind of loss, especially when it could have been prevented. We are seeking accountability to ensure this never happens to another family."
What they're saying:
State prosecutors are seeking the death penalty against Machado. That's the criminal side. This complaint is on the civil side.
Officer Jewell's family did not want to be interviewed for this story, but their attorney says, "They're seeking justice in whatever form it'll come."
The attorney just filed the complaint, naming Circle K and the store manager, saying a Volusia County sheriff’s deputy provided Circle K with a copy of an incident report after Machado was arrested in 2022 and "warned Circle K he was a dangerous individual."
Machado was accused of firing an AK-47 and two handguns from Old Dixie Highway into Tomoka State Park.
"Does law enforcement normally do that? Why would they have been notified?" FOX 35's Marie Edginger asked Michael Politis, who is representing the Jewell family.
"It was a unique circumstance," said Politis. "The officer was so concerned that he made it a point to bring a copy of the police board report and give it to the manager and said, This is a dangerous person, be very careful."
Machado got a deferred prosecution agreement in exchange for completing a firearms safety education course and had adjudication withheld in a no-contest plea for "prohibited activities in state park."
The complaint alleges, "Circle K knew or should have known Eduardo Machado had the propensity to and was likely to be a danger to its customers" and that David Jewell was brutally murdered as a result of Circle K’s negligence.
When asked for comment, the Volusia County Sheriff's Office said they had no knowledge of one of their deputies notifying Circle K about Machado's previous arrest by officers with the Florida Fish and Wildlife Commission (FWC). A sheriff's office spokesperson said that notifying employers about employee arrest records is not standard practice.
Edinger reached out to Circle K for a response but had not heard before the publication of this article.
Who was David Jewell?
Officer David Jewell joined the Edgewater Police Department in June 2023.
"David was a guy that you could rely on for anything. You'd never hear a bad thing about him," Acting Edgewater Police Chief Charles Geiger told reporters during a news conference in September.
Credit: Volusia Sheriff's Office.
Before joining Edgewater, Jewell worked for the Volusia Sheriff's Office in the communications unit. In 2020, he received the "Telecomunicator of the Quarter" distinction, according to Volusia County Sheriff's Office's Facebook page.
"Jewell was honored for his calm professionalism during a crash involving two critically injured young patients on May 19, 2020. TC Jewell was praised for his work on a fire dispatch channel for his outstanding job on this call. In addition, he continues to represent the Communications Center in a positive and professional manner."
He also worked for the Lake Helen Police Department, which is part of Volusia County.
Remember Edgewater Officer David Jewell
Edgewater police officer David Jewell, 45, was shot and killed while off-duty on Monday inside a Circle K gas station in Ormond-by-the-Sea. "An assassination" is how Volusia Sheriff Mike Chitwood described the shooting in a press conference, citing surveillance video of the moments before, during and after the shooting.
Shooting timeline
Officials also released an additional timeline of the events leading up to the shooting.
Sept. 5
Eduardo Felipe Labrada Machado purchased a Glock model 20 10 mm handgun from Bucks Gun Rack. He then has to wait the mandatory 3-day waiting period.
Sept. 15:
Around 2 p.m., Eduardo Machado visits Bucks Gun Rack to pick up the gun he bought.
Around 4:08., Eduardo Machado is working at Circle K and sees Officer David Jewell walk into the store. He goes out to his car, grabs a jacket, returns to the store and almost immediately begins shooting.
Around 8 p.m., Volusia County Sheriff and Acting Edgewater Police Chief Charles Geiger held a news conference.
Around 11:30 p.m, law enforcement escorted the body of Officer Jewell to the Medical Examiner's Office.
Sept. 16
Eduardo Machado's mug shot is released. He's booked under suspicion of first-degree murder. He makes his first appearance in front of a judge and is denied bond.
The Volusia County Sheriff provided an update on the investigation. Sheriff Chitwood said Machado allegedly fired 24 shots in less than 2 minutes. Machado's family members told deputies that he had recently been diagnosed with a mental health disorder and reported hearing voices. He is a legal U.S. resident and has lived here for 10 years on a green card, officials said.
Officer Jewell's patrol vehicle is parked outside the Edgewater Police Department as a memorial spot for people to gather.
The Source: Information in this story was sourced from a press release from Politis & Matovina, who is representing David Jewell's family and previous reporting.