Mississippi Clears Officer Who Killed 1-Year-Old During Walmart Shoplifting Call

A Mississippi police officer who fatally shot a 1-year-old boy during a Walmart shoplifting investigation has been cleared in the state's criminal review, despite the child's family disputing the police account and demanding the release of body-camera footage.

Kohen Wiley was sitting in his mother's lap inside a car outside a Walmart in Senatobia, Mississippi, on June 14, 2026, when police Sgt. Hunter Foster opened fire. Investigators say the driver drove toward officers, nearly striking one. Kohen's mother disputes that account.

Mississippi Attorney General Lynn Fitch's office ruled October 19 that Foster's use of deadly force was justified following an investigation by the Mississippi Bureau of Investigation (MBI). The decision ends the state's criminal review without charges against the officer, although the brief announcement offered little detail about the evidence supporting its conclusion.

Officers had responded to a reported shoplifting incident involving diapers and baby clothing when they approached Vellesiya Wiley, Kohen's mother, and her friend Latoya Ferrell as the women left Walmart. The two entered a vehicle with the child and attempted to leave the parking lot.

Investigators said Ferrell attempted to flee, prompting Foster to fire into the car. The gunfire killed Kohen and seriously wounded Ferrell.

Wiley has denied stealing merchandise and maintains that Ferrell never drove toward the officers. Neither woman has been charged in connection with the alleged theft or the encounter.

Martin Zummach, an attorney representing Foster, defended the officer's actions, saying Ferrell had attempted to kill his client and other officers at the scene. He told the Associated Press that Foster had no choice but to fire his weapon.

A preliminary independent autopsy cited by civil rights attorney Ben Crump, who represents Kohen's family, indicated the child was shot from the side of the vehicle, raising questions about Foster's position when he opened fire.

Photographs taken after the shooting showed a shattered passenger-side window and an apparent bullet hole in the windshield on the passenger side.

John P. Gross, an expert on police shootings involving moving vehicles, questioned Foster's decision to fire, citing law enforcement practices that favor moving out of an approaching car's path.

Charles "Joe" Key, a former Baltimore police lieutenant and firearms expert who frequently testifies in defense of law enforcement, examined photographs of the damaged vehicle. He said the apparent bullet trajectory suggested Foster fired from the side, although video footage would be needed to determine whether officers faced an immediate threat.

Under the Fourth Amendment, police use of deadly force must be objectively reasonable based on the circumstances confronting officers. In its May 15, 2025, decision in Barnes v. Felix, the U.S. Supreme Court ruled that excessive-force claims must be evaluated in light of the entire encounter, including events leading up to a shooting.

The ruling could become relevant if Kohen's family pursues a federal civil rights lawsuit, placing the officers' positions, the vehicle's movements and the events preceding the gunfire under scrutiny. Fitch's determination resolves the state's criminal review but leaves potential civil claims open.

Investigators examined witness statements, body-camera footage, dashboard-camera recordings and Walmart surveillance video before submitting their findings to Fitch's office. The recordings remain unreleased.

Kohen's grandmother, Veronica Roberson, said she learned of the attorney general's finding through Facebook before receiving direct notification from authorities. Wiley previously said investigators had never interviewed her about the circumstances of her son's death.

The Mississippi Department of Public Safety has indicated that surveillance footage may become available through public records requests. As the family weighs its legal options, Crump continues pressing authorities to release the recordings supporting the state's decision.

"If the footage supports the state's decision, release it," Crump said October 19. "We will not stop fighting until this family gets the truth."