‘He was never violent.’ No arrest, many questions after man fatally shot in a Miami Walmart

Matthew Brown, an unarmed ice-cream man, was shot to death by another customer inside a Westchester Walmart on Saturday morning.

But three days later, his family says it has no idea what sparked their apparent argument — and why Brown wound up with a bullet in his chest.

“Although Matt struggled with some psychiatric problems, he was never violent,” said his uncle, David Brown. “It’s difficult to understand why someone with a gun felt a need to shoot and kill him.”

Investigators don’t have a clear picture either — literally. So far, there are no witnesses who saw the encounter and the shooting took place in a spot uncovered by the store’s security cameras. The 56-year-old shooter immediately surrendered to police and handed over his Ruger 9mm pistol — but also invoked his right to remain silent.

For now at least, there is not enough evidence to charge the man with murder, multiple law-enforcement sources told the Herald.

As detectives await a forensic analysis of the evidence, and a report from the medical examiner’s office, it’s emerging as yet another case complicated by Florida’s Stand Your Ground self-defense law. Three years ago, the already controversial law was changed, forcing prosecutors to shoulder the legal burden to prove someone did not act in self-defense.

The Herald is not identifying the shooter, as he has not been charged with a crime. He could not be reached for comment, and it was unclear if he had a defense lawyer. The man — who does not have a criminal history in Florida — moved out of his listed address after the shooting, his landlord told the Miami Herald.

Ultimately, the Miami-Dade State Attorney’s Office will have to decide whether there is enough evidence to prosecute the shooter.

“After evaluating all of the available evidence, for example witness testimony, security camera and cellphone video, social media information and cellphone data, prosecutors will look at the law and the evidence and come to a decision,” said Ed Griffith, a State Attorney’s Office spokesman.

Brown’s family wants answers. His brother, Michael Brown, said his brother wasn’t confrontational — and was also on probation.

“I don’t think he would jeopardize his probation by starting an altercation with someone for no reason,” Michael Brown said. “He wasn’t a violent person.”

Matthew Brown grew up in Hollywood. He had a troubled life, his family said, punctuated by his parents’ divorce — and his father’s suicide when Brown was a teenager.

Brown was an introverted and gifted graffiti artist who, in his early 20s, did a large mural in Miami, his brother said. He moved to Miami about a decade ago and operated an ice-cream truck with plans of expanding to a whole fleet.

But in 2015, Brown was charged with human trafficking after Miami-Dade police said he used Craigslist to get a 16-year-old girl to work as a prostitute. He wound up pleading guilty and serving 33 months in state prison, getting out in January 2018. He’d been on probation ever since.

“He was a quiet mild-mannered person,” recalled his defense attorney, Scott Saul. “He was very pleasant to deal with.”

Brown had been quietly rebuilding his life, his brother said. He said he tried selling ice cream from a bicycle cart in his Little Havana neighborhood, and also volunteered at the homeless shelter where he’s lived briefly after getting out of prison, family said.

He’d also taken to regularly attending a Christian church.

“He was legitimately on the straight and narrow,” Michael Brown said.

What could have sparked the argument baffles the Browns. A local TV news report published speculation that the argument might have been related to COVID-19 social distancing — a source of friction in businesses around the country. Michael Brown doesn’t buy that.

“I highly doubt that was the case,” Michael Brown said. “I’ve talked to him about the whole COVID thing. He wore his mask because he had to, but he could care less one way or the other.”

Walmart on Monday declined to answer questions about the incident, including why the aisle in question was not covered by video surveillance. “The incident from this weekend is still being actively investigated by the MDPD,” a spokesman said in an emailed statement.

Walmart, since last year, began prohibiting customers from openly carrying guns in states where it is permissible. The chain, however, did not move to ban lawful carrying of concealed weapons.

In Florida, a private business can prohibit a customer from carrying a concealed weapon, but that doesn’t mean that person is breaking the law. A customer who refuses to leave can be charged for trespassing.