Mark Winger is accused of shooting and killing Terry Evans Jr., who was accused of shoplifting from Carter's Country store on South Wilcrest.
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In a video obtained only by ABC13, Evans is shown walking into the store and heading to the cash register. He is then seen grabbing something that appears to be money before walking towards the door.
That is when a female employee runs toward him, and another employee, Winger, appears to run after him and shoot.
Surveillance footage from outside the establishment captured the moment Evans ran out and then a bullet that pierced through his body and exited, hitting the store's glass door.
Moments later, also seen on surveillance footage, another store employee is motioning for Winger to return inside the store.
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According to the attorney for the Evans family, Jason Gibson, stated no one from the store called 911 and that the initial story told was misleading once officers arrived.
"In Texas, you're only justified in using deadly force if you feel like you're in fear of imminent death or serious bodily injury," Gibson said. He points out initial police reports said that Terry had a sharp object and that the employee who shot him feared for his life.
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However, Gibson points out that the surveillance video shows Terry only had a Styrofoam cup.
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The parents of Evans Jr. spoke with ABC13 in April. They acknowledged that their son had a criminal history and mental health issues but pointed out he was a caring father to three sons.
"I can't describe the pain of losing a son," Terry Evans Sr. said through tears. "I say to myself, I would have taken the bullet because the pain is unbearable."
Winger was arrested and has since posted a $30,000 bond.
ABC13 reached out to Winger and his attorney, but there has yet to be a response.
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