The family of Steve Soltero, 19, has filed a wrongful death lawsuit against Walmart and Joshua Ray Martinez, the employee accused of fatally shooting Soltero. The incident occurred at a Walmart store in Roswell, New Mexico, on October 14, 2023.
According to the family’s attorney, James Leech, the lawsuit seeks answers as to how Martinez, a Walmart employee, was able to arm himself inside the store and subsequently shoot Soltero.
The Roswell Police Department, in a news release dated October 16, revealed that store surveillance footage captured the events leading to the shooting.
The footage showed Martinez, 18, following Soltero and his girlfriend, Zayleen Thyberg, 22, before a confrontation ensued with words and hand gestures.
During the altercation, Soltero’s girlfriend reportedly attempted to punch Martinez. The suspect then followed Soltero down an aisle, where he pulled a handgun from a backpack and shot Soltero multiple times.
Martinez fled the scene and was arrested two days later. Soltero was transported to a hospital, where he was pronounced dead.
The Roswell Police Department, in an update on October 23, said that the victim, Soltero, was also armed at the time of the shooting, with footage suggesting he was reaching for something in his waistband before being shot.
Thyberg was charged with tampering with evidence for allegedly removing a gun from Soltero’s hand after the shooting and hiding it. She pleaded not guilty to the charge.
The lawsuit alleges negligence and gross negligence on the part of Walmart and Martinez.
Walmart spokeswoman Kelly Hellbusch expressed the company’s sadness over the incident, and their intent to defend against the litigation. The company contends that Martinez’s shift had ended at the time of the shooting and denies knowledge of Martinez bringing a firearm into the store or his posing a danger to customers.
Martinez, in his criminal case, pleaded not guilty to first-degree murder and unlawful possession of a handgun by a person under 19.
The lawsuit also criticizes Walmart’s hiring practices, suggesting they were negligent in employing Martinez, who was allegedly on probation for aggravated assault at the time.
The Soltero family is seeking damages, attorney fees, and policy changes at Walmart to prevent similar incidents in the future.
