Gun store employee charged in shooting death of alleged shoplifter in SW Houston, court records say
HOUSTON, Texas (KTRK) -- An employee accused of shooting a man in the back while he ran out of a southwest Houston gun store in June 2022 has been charged with murder, according to charging documents.
Mark Winger is accused of shooting and killing Terry Evans Jr., who was seen on surveillance video with his hand in the cash register at Carter's Country store on South Wilcrest.
ORIGINAL REPORTING: Would-be robber shot and killed by gun shop employee in southwest Houston, police say
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 toward the door.
That's when a female employee runs toward him, and another employee, Winger, appears to run after him and fire shots.
Surveillance footage from outside the establishment captured the moment a bullet pierced through Evans' body and hit the store's glass door.
Moments later, also seen on surveillance footage, another store employee is motioning for Winger to return inside the store.
"The video on this case did not help the shooter," Steve Shellist, a legal analyst who is not associated with the case, said. "If the store didn't have video, it would have been up to the store employee and the other employees in the store who were witnesses to say whatever it is they were going to say."
Shellist said he is not surprised by a grand jury's decision to indict Winger in the case.
"To me, it's unfortunate, but if you follow the law, it's clearly a murder without justification," Shellist explained.
According to Shellist, Texas law allows someone to use deadly force to protect their property if someone is committing a robbery, a burglary, an aggravated assault or a theft at night.
He said what happened on June 22, 2022, did not fall into any of those categories.
"I would also imagine that when somebody finds themselves in that situation, and the adrenaline's going, your mind is not necessarily thinking about, 'Legally, what can I and can I not do?'" Shellist said. "I don't pretend to know what was going on in the shooter's mind at the time. I'm sure he thought he was doing the right thing by protecting the store and protecting the property, but unfortunately, it was outside the bounds of the law."
According to the Evans family attorney, Jason Gibson, no one from the store called 911, and the initial story told was misleading once officers arrived.
WATCH ONLY ON 13: Video shows employee shooting unarmed man in the back while running out of store
Evans' parents 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. Court records list him as being unemployed.
Winger's attorney said they did not want to comment.
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