He was a passenger in a stolen pickup truck driven by 19-year-old Shannon Murphy, also of Marion, according to the Volusia County Sheriff's Office.
Murphy, who is about six months pregnant, was injured during the gun battle. She was flown to a local hospital for a "through-and-through" gunshot wound to her shoulder, Johnson said. She is still hospitalized and cooperating.
Neither of the two deputies involved was injured.
Johnson said it's "pure luck" neither of the deputies was injured and because of the "close-fire" situation, they had no other options but to shoot back.
Deputies said they pulled over the stolen GMC truck about 11:30 p.m. after noticing it had a burnt-out taillight. The deputies didn't know the truck was stolen, but said they noticed while talking with Wagner that he had an empty gun holster. They told the pair to put their hands up, Johnson said, and that's when Wagner pulled out a gun.
Wagner fired a shot toward each deputy, standing on either side of the truck.
The deputies returned fire, hitting and killing him.