TYLER, TX (KLTV) - Police have identified a person involved in a weekend fatal shooting in Tyler and released new details in the case.
Fredy Neal, 65, of Tyler, was the shooter in the Saturday incident at Walgreens.
Investigators were told Saturday that Caldwell and his girlfriend were asked to leave IHOP at about 9:15 a.m. at Highway 64 west and Loop 323, after they caused a disturbance in the restaurant.
Tyler police were then called by a driver who stated that a male and female were out in traffic and looked as if they were going to get hit because the male was chasing cars on foot at Highway 64 west and Loop 323. Tyler police were en-route to the area to investigate.
Caldwell and his girlfriend then entered the Walgreens where they were also being disruptive, according to police.
Caldwell approached Neal outside of the store in the parking lot. He got into a verbal altercation with Neal as Neal was attempting to use the Red Box. Caldwell became more agitated with Neal as he attempted to keep Caldwell away from him.
Neal then pulled out a handgun and after several attempts to keep Caldwell from assaulting him, he shot him once in the chest.
Investigators have confirmed that Neal has a license to carry a concealed handgun. He has not been charged in the shooting. Neal was not held in custody by authorities based on the fact that he was cooperative with police, not a flight risk, and witnesses on the scene confirmed that Caldwell initiated the altercation, according to police.
Don Martin, public information officer for Tyler police department, said that Texas "stand your ground" laws may be raised in this case. "He felt that he was in fear for his life…." said Martin.
Tyler criminal defense attorney, Bobby Mims, said that Texas law can protect those who use deadly force when they reasonably fear for their life.
"Generally the law in Texas is that you may use deadly force in some instances," said Mims. "You have to have a right to be there wherever you are; you have to be lawfully carrying your firearm; and you have to be in fear of your life, protection of others, or property."
Upon completion of the investigation it will be forwarded to the Smith County District Attorney's Office for presentation to a Grand Jury to determine if the shooting was a justifiable homicide.