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 shooting occurred on Sunday (Sept. 15) at 4:30 p.m. around Shed 6 in Eastern Market in the 2800 block of Russell Street.
Palmer had succumbed to his injuries on 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 say 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 say approximately 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.
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.
“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. 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 laws, and there is no crime that can be charged or proven beyond a reasonable doubt.”
Wayne County Prosecutor Kym Worthy