ROSWELL, N.M. — The family of a man shot and killed inside the Walmart in Roswell is now suing the company and the man accused of shooting him.

It’s been nearly three months since 19-year-old Steve Soltero was shot and killed inside the Walmart. The accused shooter is 18-year-old Joshua Ray Martinez – a Walmart employee.

Soltero’s family is suing Walmart and Martinez for gross negligence, causing the wrongful death of Soltero.

The lawsuit says Martinez got into an argument with Soltero and his girlfriend, Zyleen Thyberg, before the shooting.

During the pretrial detention hearing for Martinez, the family found out he was on probation at the time of the shooting.

“We learned, of course, at the pretrial detention hearing for Mr. Martinez, when they were determining what charges and those sort of things, whether they’re holding with or without bail, that he had, who’s out on probation for aggravated assault,” said James Leech, an attorney representing the family of Steve Soltero.

The lawsuit claims Walmart was not only negligent in hiring Martinez but failed to supervise him despite his criminal history – failing to care for Soltero.

The family is still waiting on more information from Walmart.

“We don’t really have their side of the story yet but like I said, through the written discovery process, we’ll begin to put that together and, and understand, you know, what, exactly what their position is, with regard to this horrible tragedy.”

Leech says the family is hoping to get some closure.

“Our investigation, and then also the way the criminal case proceeds, will hopefully, over time, bring some closure to them. But right now, obviously, the wounds are very fresh indeed,” Leech said.

The next court date for Martinez is Jan. 22.