A Shiprock man with a felony warrant faces four new felony charges after pulling out a gun while attempting to shoplift less than $6 in merchandise from the West Main Walmart.
Colton Nakai, 35, is charged with aggravated shoplifting, a third-degree felony, and three counts of aggravated assault with a deadly weapon, a fourth-degree felony.
He was arrested May 19 and booked into the San Juan County Detention Center, but was released May 20, despite having a warrant on petty misdemeanor charges of assault, battery, disorderly conduct and criminal damage to property in connection to a December 2024 incident.
The paperwork filed May 21, stated “hold pending hearing,” but Nakai had already been released.
Nakai’s new felony charges stem from a May 18 shoplifting incident at the West Main Walmart, where police responded at 10:33 p.m.
A Walmart employee told police she followed Nakai into the bicycle aisle, where she reportedly saw him “conceal items in his backpack,” according to the affidavit for arrest warrant.
The employee followed Nakai to the front of the store, where he was confronted by two other employees, who said “they knew he was shoplifting” and “needed to return” the items, the affidavit states.
Nakai allegedly pulled a bicycle tube, priced at $5.96, from his bag and returned it, but when he was asked to go to the loss prevention room, he allegedly said, “Let’s not do that,” the affidavit states.
The employees were blocking the exit, when Nakai allegedly pulled out a firearm and said, “Get the f—k out of my way,” the affidavit states.
All three employees told police, “They were in fear of an immediate battery when he pulled out the gun,” so they moved out of Nakai’s way and allowed him to leave, according to the affidavit.
Nakai was located by police the following morning at 8:08 a.m. at the West Main Safeway. He reportedly said he paid for the bicycle tube and that a man named “Carlos,” who “looked just like him,” caused the disturbance, the affidavit states.
However, after a search warrant was secured for Nakai’s backpack, police reportedly located a “Virginia Dragoon .44 magnum handgun” inside of it, the affidavit states.
Nakai’s preliminary hearing is set for 8:30 a.m. May 28 in Farmington Magistrate Court.
