A wrongful death lawsuit has been filed against Walmart and Joshua Ray Martinez, a former employee, by the family of Steve Soltero, 19, who was fatally shot in a Walmart store in Roswell, New Mexico on October 14, 2023.
James Leech, the family’s attorney, is seeking answers as to how Martinez, an employee of the retail giant, was able to arm himself within the store and subsequently shoot Soltero.
According to a news release by the Roswell Police Department on October 16, store surveillance footage detailed the events leading up to the shooting.
The surveillance footage revealed that Martinez, 18, followed Soltero and his girlfriend, 22-year-old Zayleen Thyberg, resulting in a verbal and physical confrontation. During this altercation, Thyberg reportedly tried to punch Martinez, who subsequently chased Soltero down an aisle, pulled a handgun from a backpack, and shot Soltero several times.
Martinez fled the scene and was apprehended two days later. Soltero was transported to a hospital where he was subsequently declared dead. A police update on October 23 revealed that Soltero was also armed during the incident and appeared to be reaching for something in his waistband before being shot.
Thyberg faced charges of tampering with evidence, accused of removing a gun from Soltero’s hand after the shooting and concealing it. She has pleaded not guilty to the charge.
The lawsuit alleges both negligence and gross negligence on the part of Walmart and Martinez. In response, Walmart spokesperson Kelly Hellbusch expressed the company’s sorrow over the incident and stated their intent to contest the litigation. The company maintains that Martinez’s shift had ended at the time of the shooting and denies any knowledge of him 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 unlawful possession of a handgun by a person under 19.
The lawsuit criticizes Walmart’s hiring practices, alleging negligence in the employment of Martinez who was reportedly on probation for aggravated assault at the time. The Soltero family is seeking damages, attorney fees, and policy changes at Walmart to prevent similar future occurrences.