DETROIT (WWJ) — No charges will be filed against a man who shot and killed two people at a Detroit Lions tailgate party last Sunday, as the Wayne County Prosecutor’s Office says he acted in self defense.
The 40-year-old man, whose name has not been released, was arrested after the shooting, which happened around 4:30 p.m. on Sept. 15, following the Lions’ game against the Buccaneers.
Detroit police officers were called to Eastern Market after getting reports of a shooting. When they showed up they found 25-year-old Jalen Welch and 40-year-old Rayshawn Palmer, both of Detroit, with gunshot wounds to the head.
Palmer, who prosecutors say was an innocent bystander, was pronounced dead at the scene, while Welch was rushed to the hospital, where he succumbed to his injuries on Monday.
The prosecutor’s office says there was a fight involving several men near Eastern Market’s Shed 6. While the shooter was not involved in the fight, he was nearby, officials said.
Shortly after the fight, a group of about five men got into an argument and Welch walked into the middle of the argument holding a gun. Prosecutors say Welch “held the pistol in a threatening manner while approaching the shooter,” who then removed his concealed pistol from near his waist and shot Welch one time in the head.
Only one shot was fired and it went through the front of Welch’s head and out the back, before hitting Palmer in the head.
“Mr. Palmer was an innocent bystander who was not involved in the fight. Evidence indicates that Mr. Palmer was acting as a peacemaker and trying to discourage Welch and the other men from arguing,” the prosecutor’s office said in a press release.
Both Welch and the shooter were valid CPL holders, according to the prosecutor's office.
Under Michigan law, an individual is allowed to use force, including deadly force, when necessary to protect themselves and in defense of others, the prosecutor’s office said. 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.”
In this case, the prosecutor’s office said, the shooter “was not involved with the physical altercation, or any crime, when Mr. Welch pulled out his weapon and threatened him with deadly force.”
“It is only then that the shooter drew his weapon and fired one-time striking Mr. Welch, and unfortunately striking Mr. Palmer,” the press release 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,” Prosecutor Kym 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.”
“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,” she said.
While authorities have not said what sparked the initial fight and argument, Worthy's office said "a thorough review of the facts and evidence shows the shooter acted in lawful self-defense and that the shooting was justified." Officials said there is insufficient evidence to charge the shooter with any crime.
Former Detroit Police Assistant Chief Steve Dolunt spoke with WWJ’s Luke Sloan about what investigators look for to determine whether a case is self defense.
“Whenever you pull out your weapon, the only time you should pull it out is if you plan to use it, number one. And number two, if you feel your life or someone else’s is in danger — losing your life or just in imminent danger of felonious assault — that’s what you look for first. And apparently, the prosecutor felt that the shooter felt that he was in imminent danger. His mind made him feel he was in imminent danger.”
Dolunt also said “it is hard” to handle this type of investigation.
“There’s a lot of witnesses there — it happened in front of thousands of people. So now you’re trying to get witness statements, which aren’t always accurate," he said. "Everyone sees something, but you may see something and I may see something totally different. You’re gonna look for any cameras that may be at Shed 6 in that area that may give you a clue what happened."
"Then you’re gonna try to find out what initially started this argument. Did these people have a history prior to this or is this just spur of the moment action?"
"The guns that were used: are they legal? Were there adulterated serial numbers? Does the person — not the CPL holder (the shooter), but the other individual (Welch) — have a criminal record? Do they have a propensity for violence?"
Dolunt said "these are all things you’ve got to look at before you can even present a warrant request" to the prosecutor's office.
Officials said on Tuesday there will be no tailgating permitted at Eastern Market for the next Detroit Lions home game on Monday, Sept. 30 in the wake of the shooting.
This is a developing story. Stay tuned to WWJ Newsradio 950 for the latest developments as they become available. >>> LISTEN LIVE!
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