DETROIT – Wayne County Prosecutor Kym Worthy determined that no charges would be issued against the 40-year-old shooter in connection with the tailgate tragedy of Jalen Welch, 25, and Rayshawn Palmer, 40, both of Detroit.
The decision has led to many questions about how Michigan’s self-defense laws work.
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Video of the shooting where two men lost their lives has been released, and what’s seen on it from the moment the fatal shot was fired to the decision that the shooter won’t face any charges was shocking.
Background
Rayshawn Palmer, 40, and Jalen Welch, 25, were shot on Sept. 15 at around 4:30 p.m. at Shed 6 after the Detroit Lions game.
Palmer died at the scene, but Welch was transported to a Metro Detroit hospital. He, too, succumbed to his injuries and was pronounced dead on Sept. 16, 2024.
The 40-year-old man remained on the scene and was arrested. Police said Welch and the shooter were lawful CPL holders.
Allegedly, a physical altercation occurred involving several men near Shed 6 in Eastern Market shortly before the police arrived. The 40-year-old shooter was not involved in the physical altercation but was nearby.
Officials said about five men were involved in a verbal argument after the altercation.
Police evidence showed that Welch walked into the middle of the verbal argument, holding his pistol in a threatening manner while approaching the shooter.
Officials said the shooter then removed his concealed pistol from near his waist and shot Welch one time, striking him in front of his head and exiting the back of his head.
The bullet then struck Palmer, who family members say was playing peacemaker, in his head, killing both men.
Palmer was an innocent bystander who was not involved in the fight, as evidence indicated, as a peacemaker and tried to discourage Welch and the other men from arguing.
Community responds
A candlelight vigil was held in honor of Palmer inside Shed 6 Monday night, where hundreds gathered to celebrate his life.
Eastern Market canceled its tailgating event for the Lions game on Monday, Sept. 30, out of respect for the victims and their families.
The market said it’s also working toward making the area a “weapon-free zone.” Eastern Market plans to resume the tailgating tradition for the rest of the season after Sept. 30 with more security measures in place.
No charges
Under Michigan law, an individual is allowed to use force, including deadly force, when necessary to protect themselves and in defense of 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 in the physical altercation or any crime when Welch pulled out his weapon and threatened him with deadly force.
It was only then that the shooter drew his weapon and fired one time, striking Welch and, unfortunately, striking Palmer.
A review of the facts and evidence showed that the shooter acted in lawful self-defense. The shooting was justified. There is insufficient evidence to charge the shooter with any crime.
Video evidence
“I believed that Kim Worthy and her office looked at all of the facts and the individual committing self-defense when he shot,” said former Detroit Police Department Assistant Chief Steve Dolunt. “But still, an innocent life is gone.”
Dolunt said the biggest factor that made the Eastern Market tailgating shooting a case of self-defense was the question of whether the shooter feared for his life.
“It’s the individual’s mindset,” Dolunt said. “If you feel that yourself or someone else is in imminent danger of being killed or felonious assaulted, then you have the right to protect them and fire weapon, but it’s your mindset, not mine, not the police officers. Are you in fear of your life? And if you are, then you have the right to discharge your weapon.”
The attorney representing the shooter said the newly released video showed that’s exactly what his client was thinking when he opened fire on Jalen Welch, who was seen with a gun just moments before.
“We could not speak more clearly than the video did, and the video speaks for itself, and we believe that my client acted in absolute self-defense in this regard,” said Adam Clements of Perkins Law Group.
Although innocent bystander Rayshawn Palmer was killed while trying to intervene, the shooter still won’t face any charges. But Dolunt said it certainly opens up the door for a civil wrongful death lawsuit.
“It’s going to be huge civil litigation in this,” Dolunt said.
“If that were to happen, I would still take the same appropriate steps to defend my client, even civilly,” Clements said.