DETROIT (WXYZ) — A man involved in a deadly shooting at Eastern Market over the weekend will not be charged by the county prosecutor after she determined the shooter acted in self-defense.
Two people were killed after an altercation led to a physical fight and shooting at Eastern Market around 4:30 p.m. Sunday during a Detroit Lions tailgate.
Detroit police officers in the area responded to Eastern Market, located on Russell Street near Alfred Street, after hearing the shots fired.
Hear from Chief James White after the shooting in the video below:
Jalen Welch, 25, and Rayshawn Palmer, 40, were identified as the two people shot. Both of them were Detroit residents.
Wayne County Prosecutor Kym Worthy said both men were shot in the head. Palmer was pronounced dead at the scene. Welch was taken to the hospital, where he died the following day.
Related video: 'I miss my son.' Family of victim speaks out after deadly Eastern Market shooting on Sunday
The shooter, who the prosecutor’s office said is a 40-year-old man, remained at the scene after the shooting and was taken into police custody.
The shooter is a CPL holder and so was Welch, the prosecutor’s office said.
According to the prosecutor’s office, there was a physical altercation near Eastern Market’s Shed 6 involving several men. The shooter was near the altercation but was not involved.
Shortly after that, about five men had a verbal argument, the prosecutor’s office said. They said “Welch walked into the middle of the verbal argument holding a pistol” and that he was holding it “in a threatening manner.”
The shooter took his concealed pistol out from near his waist band and shot Welch one time.
The one shot hit Welch in the front of his head, went out the back of his head then hit Palmer in the head. Authorities say Palmer was an innocent bystander and was not involved in the fight. The prosecutor said evidence shows that Palmer was “acting as a peacemaker” and tried deescalating the arguing.
Related video: Eastern Market shakes up tailgates, cancels for next home game after violence
“Under Michigan law, an individual is allowed to use force, including deadly force, when necessary to protect themselves and in defense of others. The person must honestly and reasonably believe that the use of deadly force was necessary to prevent imminent death or imminent great bodily harm to themselves or others,” a press release from the prosecutor’s office said.
Since the shooter was not involved in the physical altercation or any crime when Welch pulled out a gun and threatened deadly force, the one shot fired is being justified as lawful self-dense, Worthy’s office said.
“There is insufficient evidence to charge the shooter with any crime,” Worthy’s press release said.
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In a statement, Worthy said:
“We have reviewed this case thoroughly and this is a case of lawful self-defense. It is absolutely tragic that during all the fun and merrymaking at a Lions tailgate that two lives were lost. The first was Mr. Welch who was the one who first pulled out a gun and was shot by the 40-year-old, a lawful CPL holder, who was defending himself. A single shot was fired.
“And then, perhaps the most heartbreaking of all is the fact that a completely and totally innocent bystander, Mr. Palmer was shot and killed with the same bullet that passed through the head of Mr. Welch. It could have been any one of us. We looked at all the applicable law and there is no crime that can be charged and proven beyond a reasonable doubt.”
William Kucyk, a concealed pistol license instructor, can see how the shooter may have been acting in self-defense.
“I saw nothing in that video that would lead me to believe that the person that fired the shot intended to kill that poor man,” Kucyk said. “If you get in any conflict, it’s time to leave because somebody may come back like that’s what happened here.”
A defense attorney specialized in firearm laws has a differing opinion.
“Just based on what I saw, it did not appear that this was a situation where someone had to pull out a firearm and discharge at that point in defense of themselves or defense of others,” attorney Terry Johnson said. “Even if it may have been justified, sometimes there are other ways to solve issues.”
Palmer's family is heartbroken and frustrated, saying justice wasn’t served in his shooting death. His family gathered Wednesday evening at the exact spot where he was killed, trying to lift one another up during this difficult time.
“The bullet ricocheted. I understand that, but you're responsible for my cousin’s death. Pay for it," Palmer’s cousin Marcella Madison said.
While the family makes funeral arrangements, they say they'll continue fighting for justice. While it was their loved one who was shot and killed, they emphasize it could've been any innocent bystander that was hit.
“It could’ve been a 5-year-old, it could’ve been a 4-year-old. We’re in an environment where we’re here tailgating, enjoying our city and rooting for our city and just for this to happen, it’s unfortunate," Palmer’s brother Jermaine Little said. “Unfortunately, my brother was the one that tried to stop him and unfortunately, my brother is gone and we have to bury him. We’re mad.”
