The family of Steve Soltero, a 19-year-old fatally shot in a Walmart store in Roswell, New Mexico, has initiated a wrongful death lawsuit against both the company and Joshua Ray Martinez, the Walmart employee implicated in the shooting. The incident occurred on October 14, 2023.

James Leech, the attorney representing Soltero’s family, stated the lawsuit is seeking clarity on how Martinez, a Walmart employee, managed to carry a firearm inside the store and why he shot Soltero.

A news release from the Roswell Police Department on October 16 disclosed that surveillance footage from the store recorded the events leading up to the shooting.

The video revealed Martinez, 18, trailing Soltero and his girlfriend, Zayleen Thyberg, 22, before an altercation involving verbal exchanges and hand gestures broke out.

The footage indicated that during the dispute, Thyberg attempted to hit Martinez. Martinez then pursued Soltero into an aisle, extracted a handgun from a backpack, and shot Soltero multiple times. Martinez left the scene but was apprehended two days later. Soltero was taken to a hospital where he was declared dead.

An update from the Roswell Police Department on October 23 stated that Soltero was also armed at the time of the shooting, with video footage suggesting he was reaching for something in his waistband before he was shot.

Thyberg was accused of tampering with evidence for allegedly removing a gun from Soltero’s hand after the shooting and concealing it. She pleaded not guilty to the charge.

The lawsuit accuses Walmart and Martinez of negligence and gross negligence.

Walmart spokeswoman Kelly Hellbusch voiced the company’s regret over the incident and affirmed their intention to resist the lawsuit. The company maintains that Martinez had finished his shift when the shooting occurred and denies any awareness of Martinez bringing a firearm into the store or posing a threat to customers.

In his criminal case, Martinez pleaded not guilty to charges of first-degree murder and illegal possession of a handgun by a person under 19.

The lawsuit also faults Walmart’s hiring processes, asserting the company was negligent in hiring Martinez, who was reportedly on probation for aggravated assault at the time.

The family of Soltero is seeking damages, attorney fees, and changes in Walmart’s policies to prevent similar occurrences in the future.