Trumaine Washington

The prosecution rested Monday in the trial of a Tyler man, who allegedly pulled out a gun and threatened an employee during an argument at a Tyler Walmart in September.

Trumaine Washington, 33, has waived his right to a jury and is receiving a bench trial, which means a judge hears the evidence and makes a verdict, in the 241st District Court.

He is charged with aggravated assault with a deadly weapon. Tyler police were called to the Walmart at Loop 323 and East Front Street in Tyler on Sept. 2 after receiving reports that a man was threatening to shoot people.

Washington had gotten into an argument with an employee inside the store, according to police. When the employee went to get a manager, Washington took a handgun from his backpack, placed a loaded magazine in the gun and racked the chamber, according to the Tyler Police Department.

Police said Washington began yelling that he was going to shoot and start killing people. He is in Smith County Jail with a $500,000 bond, according to his indictment.

Walmart customer service manager Nicole Umbower testified Washington was trying to return an electronic device without a receipt or a debit card that made the purchase.

She testified Washington seemed very angry and she then called an assistant manager for help. She said she didn’t see Washington after that brief interaction.

Walmart employee Brianna Johnson, who was off the clock on Sept. 2, testified she noticed a coworker in the customer service area was upset and having a confrontation with Washington.

She saw Washington pull out a gun from inside his backpack and load the gun. She went outside and called 911. She stopped people from going in the store, Johnson said.

“I feared for my life,” she said.

Eddie Pate, a Walmart department manager, said Washington purchased a 200-round box of ammunition and large knife. It didn’t occur to him that it was a dangerous situation and he was not aware of the earlier confrontation in the front of the store, Pate testified.

He testified he had no idea what was going on and felt no danger. Washington legally purchased ammunition and the knife, he said.

Ivory Peavey, an asset protection associate at Walmart, said he saw Washington with a handgun and a bag in his hands.

Peavy said he felt threatened by the situation and believed it was an active-shooter incident.

Security footage showed Washington holding a handgun in his left hand and a clip in his right hand.

Washington said, “I could shoot you,” Peavy testified.

Peavy said Washington was cursing and screaming in the store.

Tyler Police Department officer Justin Kuehn testified semi-automatic pistols, a knife and bullets were recovered in Washington’s vehicle. There were also 10 9mm rounds of ammunition in his pocket.

Detective Craig Shine, who interviewed witnesses two days after the incident, said people were still crying and fearful.

Tristan Mota testified that she saw a man in a vehicle showing his backpack and pulled out a silver handgun prior to the Walmart incident.

She said she reported the incident to the Tyler Police Department after seeing the news reports of Washington’s arrest.

Public Information Officer Andy Erbaugh, who was a detective at the time, said he spoke to Mota and a Walmart employee, which helped him identify Washington by their descriptions of him and the firearm.

Court is set to reconvene Tuesday morning.