Houston Gun Store Employee Charged with Murder in Defense of Property

A Houston gun store employee has been charged with murder for shooting and killing a suspected shoplifter. The incident took place in June 2022 at Carter’s Country store on South Wilcrest, where Mark Winger, the accused, worked.

The deceased, Terry Evans Jr., was caught on surveillance footage entering the store, going to the cash register, and allegedly stealing money before trying to escape.

A female employee attempted to stop him, followed by Winger, who fired shots at Evans as he tried to run away.

Who says you have to be “in fear of your life?” That’s nonsense. Take my money or property, expect to be shot.https://t.co/qCFtzkFLws

— Anna Maria Perez⭐ (@A_M_Perez) October 11, 2023

The footage shows Evans being hit by a bullet that passed through his back and exited, hitting the store’s glass door.

Firefighters found him later in a nearby parking lot, and he was taken to a hospital where he died from his injuries. Evans had reportedly attempted to steal clothing from another store prior to this incident but was chased away by employees.

Winger’s defense argues that he acted out of fear for his life, claiming Evans was armed with a sharp object. However, Jason Gibson, an attorney representing the Evans family, argues that the shooting does not meet the criteria for self-defense under Texas law.

According to Gibson, lethal force is only justified if there is an immediate threat of death or serious bodily harm.

A legal analyst not associated with the case told ABC13 he is not surprised by a grand jury’s decision to indict the employee. Here’s why surveillance video might’ve affected the outcome of his charges. https://t.co/VcdEclNOrS

— ABC13 Houston (@abc13houston) October 10, 2023

Evans’ family acknowledges his criminal record and history of mental health issues, but they are devastated by the loss.

Terry Evans Sr., the father of the deceased, expressed his pain, saying, “I can’t describe the pain of losing a son… I would have taken the bullet because the pain is unbearable.”

After the incident, Winger was arrested and charged with the murder of Evans. He has since posted a $30,000 bond. This case has raised questions about the use of deadly force in defense of property and the limits of self-defense laws in Texas.

This article appeared in TheDailyBeat and has been published here with permission.