Tyler PD: No indictment for Walgreens shooting

Tyler PD: No indictment for Walgreens shooting

TYLER, TX (KLTV) - A grand jury has decided not to file charges in a January shooting outside of a Walgreens.

On Monday, a Smith County Grand Jury decided to no bill Fredy Neal, age 65, who shot Michael Caldwell, age 31, outside of Walgreens on January 3. Police say no charges will be brought against Neal for the incident.

READ MORE: Tyler PD: 'Stand your ground' laws may be raised in Walgreens shooting case

On January 3, 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.

Copyright 2015 KLTV. All rights reserved.