He was on drugs and acting bizarrely, but an unarmed 19-year-old man who was killed early Sunday morning while trespassing in a Davenport apartment complex was not a serious threat to anyone when he was shot.

“He’s 5-foot-5. He’s an itty-bitty dude. It’s not like he has his hands in his pants saying ‘I’ve got a gun. I’m gonna shoot,’” Judd said about the victim, who was wearing just shorts and socks.

According to Judd, 19-year-old Dyvan Pritchett had an altercation with a man walking his dog, and that man shoved him to the ground.

Then, he approached a second man, raised his hand in the shape of a gun and said “pow, pow, pow.”

The sheriff said that second man was Bryan Medeiros, who followed him up to the third floor with a real gun.

“He engages the guy when they both go down the stairwell to the second floor. But, had he just gone back into his residence, there would not have been a problem,” explained Judd, who said deputies were already on their way when the shots were fired

Judd said the man claims he feared for his life and had the right to shoot under Florida’s Stand Your Ground law, but “I see no reason he shot that 19-year-old kid.”

“No one was in imminent danger.”

As for the law, Judd said the shooter clearly didn’t understand it.

“If you’ve got a right to be where you are and someone uses force or puts you in fear…then you’re good to go. But he actually pursued a guy up a flight of stairs. So he wasn’t standing his ground.”

Judd said the shooter, 25-year-old Bryan Medeiros has a history of altercations involving firearms but no criminal record.

He's now charged with manslaughter and carrying a concealed firearm.

The victim is from the Orlando area.

Bryan Madeiros, 25 (Polk County Sheriff's Office)