Wake DA determines Walmart shooter in Garner acted in self-defense, no charges filed

Garner police said the man who died, Colton Valdez, approached the other man and presented a BB gun, which looked like a real gun.

"After a complete review of the available evidence, we have determined that no charges are sustainable as the shooter acted in self-defense," Wake County District Attorney Lorrin Freeman said in a statement. "North Carolina law allows an individual to protect themself from the threat of imminent deadly harm.

"This is not a license to commit vigilante justice, but it does allow for an individual to protect himself where there is a significant risk of death. In this case, independent accounts of others on scene corroborated the determination that the shooter acted in self defense."

The shooting happened around 6 p.m. Tuesday in the parking lot of the Walmart at 4500 Fayetteville Road, according to the police.

Police said Valdez died shortly after the shooting. He was 29.

According to the police, the man who shot Valdez stayed at the scene until police arrived. Officers also questioned the man, police said.