Gun store employee charged with murder a year after shooting suspected shoplifter

HOUSTON, TX – An employee of a gun store in Texas has been charged with murder after allegedly shooting and killing an unarmed man. The employee allegedly opened fire after the deceased person is seen on video stealing from the store.

An employee of Carter’s Country Store, Mark Winger, was working inside of the store in June of 2022 when a man, identified as Terry Evans, Jr., walked inside and went toward what appears to be an open cash register. Evans went toward the cash register, appeared to take money, and then fled the store.

Before he could exit the store, Winger, and an unnamed female employee gave chase. As Evans reached the door, Winger can be seen on video running after him with his gun drawn.

Winger allegedly opened fire and struck Evans, who fell to the ground. Evans was later found collapsed in the parking lot by fire fighters who transported him to a local hospital, where he succumbed to his injuries.

When police arrived on the scene, they interviewed Winger, who allegedly told them that he fired upon Evans in self-defense, something the attorney for the Evans’ family, Jason Gibson, states was not accurate.

Gibson alleges that no one from the store called 911 during the incident and that initial story that was relayed to officers was misleading.

Gibson said, “In Texas, you’re only justified in using deadly force if you feel like you’re in fear of imminent death or serious bodily injury.”

Gibson and the family believe the surveillance video clearly shows that Evans was not presented a deadly threat to anyone in the situation as he was running away. They also noted that Evans was not armed with any type of weapon at the time of the shooting.

Legal analyst Steve Sehllist spoke to ABC13 news, saying that the video in the case helped the prosecution more than the defense in this case.

He said, “The video on this case did not help the shooter. If the store didn’t have video, it would have been up to the store employee and the other employees in the store who were witnesses to say whatever it is they were going to say…To me…if you follow the law, [this shooting is] clearly a murder without justification.”

When police concluded their investigation, they turned the case over to a grand jury which issued an indictment for murder. He was taken into custody the day after the indictment and was able to post a $30,000 bond on October 7th and was released pending his next court appearance.

Evans’ parents spoke to ABC13 in April of this year regarding the investigation into his death. They both acknowledged Evans suffered from mental health issues and had a criminal history…but noted that they still grieve for the loss of their son. 

“I can’t describe the pain of losing a son. I say to myself, ‘I would have taken the bullet.’ Because the pain is unbearable," Terry Evans, Sr. said.
 
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