A wrongful death lawsuit has been filed by the family of 19-year-old Steve Soltero against Walmart and its employee, Joshua Ray Martinez, who is accused of fatally shooting Soltero. The tragic incident unfolded at a Walmart store in Roswell, New Mexico, on October 14, 2023.
As revealed by the Soltero family’s lawyer, James Leech, the lawsuit is seeking clarification on how Martinez, an employee of Walmart, managed to arm himself within the store and ultimately shoot Soltero.
The Roswell Police Department issued a news release on October 16, stating that store surveillance footage had recorded the series of events leading up to the shooting.
The video footage revealed Martinez, 18, tracking Soltero and his 22-year-old girlfriend, Zayleen Thyberg, preceding a verbal and physical disagreement involving hand gestures.
During the altercation, Thyberg allegedly attempted to hit Martinez. The accused then pursued Soltero down a store aisle, pulled out a handgun from a backpack, and shot Soltero multiple times. Martinez left the scene swiftly after the shooting and was apprehended two days later. Soltero was rushed to a hospital but was pronounced dead upon arrival.
According to an update from the Roswell Police Department on October 23, Soltero was also armed at the time of the incident. The footage suggests he was reaching for something in his waistband just before he was shot.
Thyberg was subsequently charged with tampering with evidence, as she is believed to have removed a gun from Soltero’s hand following the shooting and concealed it. She has pleaded not guilty to the charge.
The lawsuit accuses Walmart and Martinez of negligence and gross negligence.
Walmart’s spokeswoman, Kelly Hellbusch, expressed the company’s distress over the incident, asserting their intention to defend against the lawsuit. The company maintains that Martinez had finished his shift when the shooting occurred and denies any knowledge of him bringing a firearm into the store or posing any risk to customers.
In his ongoing criminal case, Martinez has pleaded not guilty to charges of first-degree murder and unlawful possession of a handgun by a person under 19.
The lawsuit further criticizes Walmart’s employment practices, suggesting negligence in hiring Martinez, who was reportedly on probation for aggravated assault at the time.
The Soltero family is seeking damages, coverage of attorney fees, and a change in Walmart’s policies to prevent similar incidents from happening in the future.
