No charges in fatal shooting in Garner Walmart parking lot. Here’s why not.
Three days after a man was fatally shot in a Walmart parking lot, Garner police said the shooter will not face criminal charges.
Colton Valdez, 29, died after being shot around 6 p.m. Tuesday outside the Walmart at 4500 Fayetteville Road.
The shooter, whose name was not released, acted in self defense, according to the Wake County District Attorney’s Office. He remained on the scene until police arrived and questioned him, while officers collected evidence and spoke with witnesses, a news release stated.
Investigators determined Valdez had displayed a weapon during an argument when the other man shot him. The weapon turned out to be a BB air gun that looked like a real gun, the release stated.
“After a thorough investigation and consultation with the Wake County District Attorney’s Office, the decision was made not to file charges against the man who shot Mr. Valdez,” the Garner Police Department said in a statement.
District Attorney Lorrin Freeman said North Carolina law lets people defend themselves from imminent deadly harm.
“This is not a license to commit vigilante justice, but it does allow for an individual to protect themself where there is a significant risk of death,” Freeman told The News & Observer in an email. “In this case, independent accounts of others on scene corroborated the determination that the shooter acted in self defense.”
Valdez’s family said he was shot during an argument with a man who was yelling at Valdez’s mother as she was backing out of a parking spot, according to a GoFundMe fundraiser for the family.
“5 funerals in the last 6 or 7 years is really hitting home with us!” a family member wrote.
Police declined to confirm what the men were arguing about.
This story was originally published January 26, 2024 at 2:38 PM.
