Bystander, age 11, shot in head and fighting for life

Posted at 6:52 PM, Apr 30, 2012

EMPORIA, Va. (WTVR) Police said an  inmate was released, and despite a protective order, obtained a gun and hunted down the woman a judge forbid him to see—and in the middle of the gunfire, an 11-year-old is shot.

Police said that just hours after Evan Lee McNair-- age 23-- a convicted felon, faced a Greensville County judge and was released from jail on Friday, he found a gun.

"He was served a new protective order in court, that morning, and he was released sometime after lunch, and within several hours he had found the victim,” said Patricia Watson, Commonwealth's Attorney Emporia-Greensville County.

McNair was ordered to stay away from his former girlfriend, but he tracked her down.

She got into her van with her child, a friend and her two children and attempted to leave when McNair pulled out a gun. He aimed the 40 caliber semi-automatic at his former girlfriend and fired-off eight shots.

"He was moving, running after the vehicle, going after the vehicle, firing,” said Detective Sgt. Stan Allen, Emporia Police.

When the shots landed, they hit a young girl with no connection to him at all.

Shawdell Walton, age 11, was out riding her scooter along Gowin Street when she became caught in the domestic situation.

She was less than one block away from her home.

One of the shots hit her in the head said police. She was flown by helicopter to VCU Medical Center where she is in critical, but stable condition.

"She's got head trauma, nobody really knows at this point, we're praying and we're hopeful,” said Allen.

Investigators recovered eight shell casings and  searched for McNair, who they arrested early Saturday morning in Prince George County.

He was charged with attempted first degree murder, use of firearm in commission of a felony, possession of a gun by a convicted felon, domestic assault and felony violation of a protective order.