FLORIDA CITY, Fla. — A lawsuit has been filed against Walmart by the family of a 23-year-old man who police say was shot and killed during a confrontation at a Florida City Walmart over three years ago.
The shooting, which happened at around 3 p.m. at the chain’s location at 33501 South Dixie Highway, began with an altercation, according to police. Investigators said Nathaniel Baez was killed and a 72-year-old man was shot in the foot.
Baez was shopping at the store when an altercation occurred involving him, a Walmart employee and members of the group he was with, according to investigators and the family’s attorney.
The family alleges Walmart failed to take appropriate action to prevent the confrontation and should be held responsible for Baez’s death.
Betsabe Santos, Baez’s mother, recalled the moment she learned her son had been killed.
“You can’t describe it,” she said. “The doctor was very straight forward. Your son got shot. He’s dead.”
Santos said the news devastated her family.
“Your world shatters, your heart shatters,” she said.
Investigators said the incident involved then-Walmart employee Roberto Acevedo, who told police he felt threatened by Baez and the group of friends he was with.
Todd Michaels, an attorney representing Baez’s family, said Acevedo should have contacted a manager rather than calling armed friends to the store.
“He got it in his head that these people are going to jump me and instead of doing the one thing he was required to do which is call your manager, he decided to call his armed friends to find out what this guy said or why he looked at him.,” Michaels said.
The confrontation escalated, and shots were fired. The shooting was captured on surveillance video, according to the family’s attorney.
Steve Lestin, 28, the accused gunman who was 25 years old at the time of the shooting, was arrested and is facing a second-degree murder charge, according to jail records.
The Baez family’s lawsuit argues that Walmart bears responsibility because Acevedo was working for the company at the time of the incident.
“It was their employee who they put on the floor,” Michaels said.
Michaels also described the Walmart employee as being responsible for watching for unusual activity in the store.
“He was there as that front line defense when they see anything out of the ordinary,” Michaels added.
Baez’s parents said their son had plans for his future, including starting a business and working in landscaping.
“He used to call me and say ‘Dad, I want to go into business. I want to do landscaping,”' his father, Samuel Baez, said.
For his mother, the lawsuit is about more than accountability. She said she hopes it will prevent another family from experiencing the same loss.
“You destroyed a family,” Santos said.
Police said another shopper was also hit by gunfire during the shooting. He survived his injuries.
Local 10 News has reached out to Walmart for a response to the lawsuit. The company had not yet responded.
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