The parents of a man who was fatally shot inside a Roswell Walmart Supercenter in October have filed a wrongful death lawsuit against both the retail giant and the former store employee charged in the shooting.
Electronic court records show that in November, victim Steve Soltero’s mother, Selina Contreras, and father, Martin Soltero Jr., were awarded punitive damages and legal fees from Walmart. A lawsuit was filed seeking compensation. and Joshua Martinez, 18, the suspect in the Oct. 14 shooting.
“At the time of the incident, it was reasonably foreseeable that negligent, reckless, and/or intentional conduct would result in loss of joint venture and emotional distress to the families of those injured or killed as a result of such conduct. ” the complaint says.
James Leach, a San Antonio attorney representing Steve Soltero’s estate, said the facts are still being gathered, but Walmart knew or should have known that Martinez was carrying a handgun at work. He argues that he should have done so.
“We believe it’s one or the other, as we know from the police investigation,” Leach said in an interview with the Roswell Daily Record Wednesday.
The lawsuit alleges that store employees and supervisors “failed to intervene to protect customer Soltero from Walmart’s own employee Martinez, who came to work armed with a gun.”
The plaintiffs also accuse Walmart of negligence in hiring Martinez, even though he was on probation for aggravated assault with a deadly weapon, and then failing to properly supervise him.
Leach said this fact should have alerted the store that Martinez could pose a danger to the public.
“This made Wal-Mart aware that he had a history of violence and needed close supervision and close monitoring, which they were unable to do,” he said.
Martinez is charged with one count each of first-degree murder and unlawful possession of a handgun by a person under 19 years of age, and is also liable for punitive damages in the tort of assault, according to the complaint.
Soltero was shot seven times inside the store after getting into an argument with his girlfriend and Martinez.
Police said surveillance video before the shooting showed Martinez walking up behind Soltero and Soltero’s girlfriend. When Soltero turned around, he saw Martinez and gestured toward him, then the couple left.
After the exchange, Martinez confronted the couple again, which eventually escalated into a physical altercation, according to court records.
Soltero then ran down the aisle, and Martinez, who was wearing all black, pulled a handgun from his backpack and chased Soltero, police said. Martinez said he found Soltero hiding behind a pallet of merchandise and shot him to death.
Investigators believe Soltero had a gun in his possession at the time, but did not have time to use it.
Leach said he believed that at some point between the initial encounter and the shooting, Martinez returned to the employee’s back room, changed into all black clothing and obtained a gun.
“At some point before or after the initial encounter, he appeared to be… clothed and armed. This seems to mean more than just him pulling out a firearm,” Leach said. he said.
An attorney representing Martinez in the lawsuit is not listed in electronic court records. Martinez’s criminal defense attorney, Sandra Gallagher, did not respond to a request for comment Thursday.
A Walmart spokesperson said in an email Thursday that the company takes the safety of its employees and customers seriously and regrets what happened inside its stores that day, but is defending itself against lawsuits. He said he intended to do so.
In its response to the lawsuit filed in 1st Judicial District Court, Walmart said Martinez brought a gun to work, posed an obvious danger to customers, or was in breach of duty or liable for damages. He said he had no knowledge of this before the shooting incident. photograph.
“Walmart denies the allegations and specifically denies that Plaintiffs are entitled to an award of punitive damages,” the response states.
Although he did not leave work, Walmart argued in its response that Martinez’s employment had ended shortly before the shooting and that he was not working as a Walmart employee at the time of the incident.