An adult and a juvenile are in custody and charged in what police described as an attempted robbery that turned into a shootout Sunday night outside a convenience store/restaurant in Martinsville.

Marquis Antonio Waller, 23, of Booker Road in Martinsville, who was wounded in the incident, and a juvenile male attempted to commit an armed robbery of an individual, who was in a vehicle at the gas pumps located at 937 E. Church Street, a Martinsville Police Department release said Saturday.

The intended victim of the robbery also was armed, and when that person drew a weapon, shots were fired by both people. The victim was not struck, but Waller was shot once.  His injuries were non-life-threatening.

The juvenile, who as accompanying Waller, also pulled a handgun and began shooting, the release said. That teen’s name can’t be released because of his age.

Waller, who was transported that night to Carilion in Roanoke, remains in the hospital.

He is charged with armed robbery, shooting into an occupied vehicle, shooting into an occupied building, use of a firearm in committing a felony, reckless handling of a firearm, felony damaging property and discharging a firearm in public, police said.

The juvenile, who on Saturday surrendered to officers at the Martinsville Police Department, has been charged under juvenile warrants with attempted robbery, shooting into an occupied vehicle, use of a firearm in committing a felony, possession of a firearm by a convicted felon, possessing a firearm under age and conspiracy to commit a felony, the release said.

He was transferred to W.W. Moore Juvenile Detention Home.

The shooting took place outside a Circle K convenience store and a subway restaurant about 9:30 p.m. Search warrant documents on file in Martinsville Circuit Court said several vehicles and the building were struck with bullets and that drugs were found on the scene.

The warrants state that on Sunday at about 11:30 p.m. officers dispatched to 937 E. Church Street found Waller suffering from an apparent gunshot wound to the lower extremities. Multiple cartridge cases were found throughout the parking lot and roadway. The weapons used in the shooting were not identified.

Surveillance video showed occupants of a silver Honda and a dark gray Chrysler exchanging gunfire.

Both a dark-colored 2004 Chrysler Sebring and a silver 1998 Honda Accord have been impounded. It is unclear how the police came to have possession of both vehicles.

Search warrant applications for those vehicles state that “in plain view in the center console area is a bag of green leafy product consistent with marijuana.

"There are multiple areas of damage to the Honda where it appears it was struck by gunfire. The Honda holds evidence of the firearm(s) used as well as a potential motive for the incident.

"After interviewing individuals involved, a robbery is being investigated. The cell phones are probable to contain evidence of the planning and/or meeting of the individuals involved.”

Among the items seized from the 2004 Chrysler Sebring: green plant material — center console/cup holder; Glock test fire envelope — center console; yellow bag with loose 7.62 rounds — center console; Glock magazine with one 9mm bullet — center console; .40-caliber cartridge case — driver’s side rear floorboard; lead bullet — passenger rear floorboard; copper bullet/fragment — rear passenger side seat; Glock box — trunk.

A search inventory of the silver 1998 Honda Accord shows these items were seized: white iPhone — driver’s seat; green leafy plant material — center console/cup holder; $1,140 in U.S. currency — center console; black Kyocera phone — door pocket, passenger side; black iPhone — passenger seat; brown bag with scale/baggies — center of back seat; “Taurus box — rear seat on passenger side SN: TLZ57993 BLACK 9MM.”

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Paul Collins of the Bulletin staff contributed to this report.

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