Eastern Market shooter acted in self-defense, prosecutor says

(CBS DETROIT) - Wayne County Prosecutor Kym Worthy announced that no charges will be filed against a 40-year-old man who shot and killed two people at a Detroit Lions tailgate at Eastern Market last Sunday, saying the shooter acted in self-defense.

"It is absolutely tragic that during all the fun and merrymaking at a Lions tailgate that two lives were lost," Worthy said. "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."

The victims were identified as 25-year-old Jalen Welch and 40-year-old Rayshawn Palmer.

Prosecutors say on Sept. 15, there was a physical altercation involving several men near Shed 6. The shooter, whose name was not released, was not involved in the fight, but there was a verbal argument involving five men a short time later. Prosecutors say evidence showed that Welch walked into the middle of the argument with a pistol "in a threatening manner while approaching the shooter. The shooter then grabbed his gun from his waist and shot Welch.

Officials say the one shot was fired, and the bullet struck Welch in the head, traveling through and hitting Palmer in the head.

"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," Worthy said. "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."

Palmer was pronounced dead at the scene and Welch was taken to a hospital where he was pronounced dead the following day.

On Tuesday, Eastern Market canceled its Sept. 30 tailgating event .

In a statement posted on social media, the market officials said, "We will use the time to work with DPD toward putting necessary safeguards in place. In addition, we are working toward establishing the Eastern Market campus as a "weapon free zone" going forward."

The market plans to resume tailgating in the future.