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Argument led to innocent bystander being shot, documents say

Posted at 9:28 PM, Jun 08, 2022
and last updated 2022-06-09 00:28:01-04

PHOENIX — Around 3:30 p.m. Tuesday, Phoenix Police were called out to a shooting at a Walmart near I-17 and Dunlap Avenue.

New court documents reveal a Phoenix Police officer, working off duty, was already inside the Walmart.

That off duty officer heard shots fired near the entrance and was able to arrest 18-year-old Diontay Evans outside the store.

Documents say that Evans was arguing with two men. He knew both of them and one dated his sister.

45-year-old Rebecca Martinez was caught in the middle while shopping with her family. Documents show she was unintentionally hit by gunfire and was taken to the hospital.

She told investigators she heard even more gunfire after she was shot. Police say Evans' gunfire hit a car's windshield while someone was driving the car.

ABC15 has been in contact with the Martinez family. They tell us she's still recovering in the hospital and that she's expected to survive.

Evans made his first court appearance Wednesday, facing several assault charges. His next appearance is set for June 14.

He is being held on a $75,000 bond.