Eastern Market shooting that killed 2 men ruled self-defense; no charges filed

FOX 2 - There will be no charges for the gunman in the double-fatal shooting that took place at Eastern Market during a Lions fans tailgate Sunday.

The investigation found the 40-year-old shooter acted in self-defense when amid an argument with a group of people, he was confronted by Jalen Welch, who pulled out a gun first, according to Wayne County Prosecutor Kym Worthy.

The shooter responded by pulling his gun out and firing once, hitting Welch in the head. The bullet went through Welch, and hit the second victim, Rayshawn Palmer in the head - who was trying to act as a peacemaker.

"Mr. Welch held the pistol in a threatening manner while approaching the shooter," said a statement by the prosecutor's office. "The shooter then removed his concealed pistol from near his waist and shot Mr. Welch one time.  Only one shot was fired.  The bullet struck Mr. Welch in the front of his head and exited the back of his head.

"The bullet then struck the head of Mr. Palmer.  This single gunshot resulted in the death of two individuals.   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 that under Michigan law, you are allowed to use force - including deadly force - to protect themselves and to defend others.

"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 shooter was not involved with the physical altercation, or any crime, when Mr. Welch pulled out his weapon and threatened him with deadly force.

Prior to the shooting a fight among several people took place near Shed 6 in Eastern Market. Some of the same people got into a verbal argument when Welch walked into the middle of it holding a pistol.

"In this case 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," the office said. "It is only then that the shooter drew his weapon and fired one-time striking Mr. Welch, and unfortunately striking Mr. Palmer."

Prosecutor Worthy called the incident tragic.

"We have reviewed this case thoroughly and this is a case of lawful self-defense," she said in a statement. "It is absolutely tragic that during all the fun and merrymaking at a Lions tailgate that two lives were lost. 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.

Related: Eastern Market shooting: Second victim dies from injuries

"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."

This comes amid news that the Eastern Market tailgate has been canceled for the next Lions home game on Sept. 30 for Monday Night Football.

Eastern Market and Detroit police are in talks, strategizing a plan moving forward – how to handle future tailgates. It’s possible this could become a weapons-free zone – with weapons detection systems. Detroit police brass say nothing is off the table at this point.