Gun store employee gets 8 years probation for fatally shooting suspected shoplifter in SW Houston

In Houston, Texas (KTRK), an employee of a gun store who shot and killed a thief as he fled will not face prison time.

Mark Winger, aged 59, entered a guilty plea to a reduced charge of manslaughter. In exchange, he received eight years of deferred adjudication and the opportunity to avoid incarceration.

Winger was indicted for murder following the shooting death of Terry Evans Jr. at a Carter’s Country gun store on S. Wilcrest in June 2022.

Surveillance footage captured Evans Jr. stealing cash from the register, prompting employees to react swiftly. As they pursued him, Winger, armed at the time, joined the chase and fired shots as they exited the store.

Evans Jr., who had a significant criminal record, sustained two gunshot wounds to the back, resulting in his death. Winger informed Houston police that he had fired in self-defense at the unarmed individual.

Defense attorney Murray Newman, not associated with the case, speculated, “I think you probably had, in this situation, a good defense attorney knowing that there were definitely risks for his client, as well as the district attorney’s office knowing there were risks that a jury might very well say, ‘not guilty.'” He highlighted the high stakes for both parties in reaching a resolution.

The attorney representing Evans’ family expressed devastation over the plea agreement to.

Both the Harris County District Attorney’s Office and Winger’s attorney, Zach Fertitta, declined to provide comments.

Evans’ family pursued a wrongful death lawsuit against Carter’s Country, resulting in a settlement. The terms of the settlement remain confidential.