Eastern Market Lions tailgate fatal shooting: Innocent victim's family livid with no charges filed

DETROIT (FOX 2) - Investigators say the gunman in the double-fatal shooting that took place at Eastern Market during a Lions fans tailgate Sunday, acted in self-defense.

One shot was fired killing the assailant, Jalen Welch, who is said to have pulled his own gun out and threatened the 40-year-old first. The shooter, who was a legal concealed pistol owner, than fatally wounded Welch with one shot through the head - which then also fatally wounded innocent bystander RayShawn Palmer.

"I’m never going to see another video of my uncle, I’m never going to see that again. I’m never going to get on Facebook and see that," said Deja Little, Palmer's niece.

Palmer's family is dealing with heartbreak and devastation - for a second time - after learning the man who fired a single bullet that killed him and another man will not face criminal charges.

Wayne County Prosecutor Kym Worthy called the shooting at Eastern Market this past Sunday an act of lawful self-defense.

"We just want answers," Little said. "I’m going to be out here every day, at every function. I’m going to be everywhere that has Rayshawn Bryant on it, I’m going to be there."

Cell phone video captured a fight that day showing Palmer in a blue jersey, walking over to break it up.

The prosecutor's office said Palmer was an innocent bystander who only tried to be the peacemaker.

"Our brother’s gone," said Jermaine Little, Palmer's brother. "This is an individual that wanted to give back, did give back, loved his family - was not a violent person, loved to dance. Just wanted to entertain and for this to happen, for trying to stop something that was happening, it’s unacceptable."

Raywshawn Palmer was known as the life of the party.

A statement from Worthy reads in part:

"In this case the shooter was not involved with the physical altercation, or any crime, when Mr. Welch pulled out his weapon and threatened him with deadly force. It is only then that the shooter drew his weapon and fired one-time striking Mr. Welch, and unfortunately striking Mr. Palmer.  A thorough review of the facts and evidence shows that the shooter acted in lawful self-defense. The shooting was justified. There is insufficient evidence to charge the shooter with any crime."

"This is unbelievable that an individual shoots someone - even though he had a CPL in an environment like this," Jermaine said. "It could have been a 5 year old. Unfortunately it was my brother and so my whole family is here. We are grieving. We are hurt, and we want some answers."

Palmer’s family says their fight for justice is only beginning.

"We’re not going to give up. We’re not going to fight. If we got to get out here every day, if we got to post things, if we got to march - whatever we got to do," Jermaine said. "We just want some answers. Give us some answers. Just as it was their family member, they would want some answers. Just give us some answers."

The shooter's attorney said in a statement: "My client is very pleased he is not being charged with a crime, it was agonizing sitting in jail for three days awaiting the decision. He is dealing with a lot of emotions. He feels terrible for the family of the bystander and wishes to extend his condolences, but he is grateful to return to his family.

"His right to exercise to protect his life and others is absolute. He did nothing to forfeit that right."