Gun store employee gets 8 years probation for fatally shooting suspected shoplifter in SW Houston

HOUSTON, Texas (KTRK) -- A gun store employee who shot and killed a thief as he was running away will spend no time in prison.

Mark Winger, 59, pleaded guilty to a lesser charge of manslaughter in exchange for eight years of deferred adjudication and the chance to avoid prison.

Winger was indicted for murder for the shooting death of Terry Evans Jr. at a Carter's Country gun store on S. Wilcrest in June 2022.

Surveillance video shows Evans Jr. stealing cash from the register before employees scramble to respond. One employee ran after him, followed by Winger, who was armed and shooting as they ran outside.

Evans Jr, who had a lengthy criminal history, was shot twice in the back and died. Winger told Houston police he fired at the unarmed man in self-defense.

"I think you probably had, in this situation, a good defense attorney knowing that there were definitely risks for his client, as well as the district attorney's office knowing there were risks that a jury might very well say, 'not guilty,'" defense attorney Murray Newman, who is not connected to the case, explained. "So both sides had a lot to lose going into this, and both were motivated to work something out."

The attorney for Evans' family told ABC13 they were devastated by the plea deal.

Both the Harris County District Attorney's Office and Winger's attorney, Zach Fertitta, declined to comment.

Evans' family filed a wrongful death lawsuit against Carter's Country, which ended in a settlement, the details of which remain confidential.

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