The Salt Lake County District Attorney's Office will not file any charges against a security guard who fatally shot a man who appeared to be threatening the guard with a gun at Mama's Southern Plantation Restaurant.
Security guard George Harrison was sitting in the patio area outside the restaurant at 1394 S. West Temple on July 9 when he spotted Mike James May, 47, who was across the street pacing around and yelling obscenity-laden remarks to Harrison.
Mays eventually marched over to Harrison, lifted his shirt and reached for his waistband, which made Harrison fear that Mays was going for a gun, according to a statement from the district attorney's office.
Harrison, who is licensed to carry a gun, pulled out his own .38 revolver and fired, resulting in Mays' death. Police later said that Mays did not have a gun.
Two other witnesses at the scene backed Harrison's account of what happened.
The district attorney's office deemed Harrison's actions "reasonable" and concluded that its investigation showed that Mays' threats and actions justified Harrison's fear that Mays was about to shoot him.
"The district attorney's office reviewed the relevant statutory factors, including the nature of the danger, the immediacy of the danger, and the probability that the unlawful force would result in death or serious bodily injury," the statement said. "Mr. Harrison believed that Mr. Mays was reaching for a gun to shoot him."The district attorney's office said state law allows someone to use deadly force if that person reasonably believes it is necessary to protect himself or someone else from death or serious injury.