ROSWELL — The suspect in a fatal shooting that occurred in October 2023 at the Roswell Wal-Mart has been scheduled for trial.
Joshua Ray Martinez, 18, appeared Monday before Judge Thomas E. Lilley in Roswell District Court. He stands charged with first-degree murder and unlawful carrying of a handgun by a person under the age of 19 in connection with the Oct. 14, 2023, shooting death of 19-year-old Steve Soltero following a verbal altercation at the Roswell Wal-Mart.
On that date, Martinez, Soltero and Soltero’s girlfriend, 22-year-old Zayleen Thyberg, engaged in an argument during which Thyberg was seen on surveillance video attempting to punch Martinez. Following the argument, Martinez — who was on shift at the store — followed Soltero to another aisle, at which time he retrieved a handgun from his backpack and fired multiple shots at Soltero, killing him.
Martinez fled the store but was located two days later at an apartment complex in southeast Roswell.
Thyberg was later arrested on charges of tampering with evidence after police determined she removed a gun from Soltero’s hand after he was shot. Surveillance footage appears to show Soltero pulling or attempting to pull something from his waistband immediately before he was shot.
Thyberg is accused of removing a gun from Soltero’s hand and hiding it on her person for several minutes before police began arriving at the store, at which point investigators believe she hid the gun among some nearby merchandise, where it was later found.
This month, it was announced that Soltero’s family is suing Martinez and Wal-Mart for gross negligence after discovering that Martinez was on probation for aggravated assault at the time of the shooting. The lawsuit accuses Wal-Mart of not only being negligent in their hiring of Martinez but in failing to supervise him despite his criminal history.
During Martinez’s appearance Monday, he was scheduled for jury trial on Sept. 17. A status conference is set for July 8 and a pre-trial conference for Aug. 29. Thyberg was previously scheduled for jury trial June 4, with a pre-trial conference slated for April 8.
