Accused Waffle House shooter waives first court appearance

Quintavius Martin, the Waffle House employee charged with shooting and killing a customer during an argument Friday morning, waived his first court appearance Saturday, said Fulton County Sheriff’s Office spokeswoman Tracy Flanagan.

Fulton County police Cpl. Kay Lester said Martin, 25, has been charged with murder, possession of a firearm during the commission of a crime and carrying a concealed weapon without a permit. He is being held at the Fulton County Jail without bond.

The shooting happened about 4:30 a.m. Friday at the 24-hour restaurant on Fulton Industrial Boulevard at Shirley Drive, just south of I-20.

“The preliminary investigation has determined that a verbal altercation occurred between an employee and a customer,” Lester said. “At some point, the male employee retrieved a weapon and fired upon the customer. That male customer was deceased at the scene.”

The Fulton County Medical Examiner’s office late Friday morning identified the dead man as Adrian Mosley, 33, of Atlanta.

Ontray Haley said he was eating in the Waffle House when two men and a woman came in the restaurant.

“The girl got into it first with the security guard and they told her she had to leave the property,” Haley told The Atlanta Journal-Constitution. “So she left but the other two guys hung around and they told them they had to leave. The cook refused to serve them because they were getting unruly.”

After that, Haley said the two men “got into it with the cook and the guy that got shot, he threatened the cook. He told him, you come outside and I’m going to fire you up, which basically meant he wanted to shoot him.”

Haley said that’s when gunfire broke out.

“It occurred right at the counter,” he said. “It was just chaos; I was ducking for cover like everybody else. I looked up and I saw the guy in the floor, dead.”

Haley guessed he heard three or four shots.

“I was too busy ducking,” he said.

The incident was the second fatal shooting at an area Waffle House in the past two weeks.

On May 31, an off-duty Griffin police officer working security at a Spalding County Waffle House was shot and killed.

Martin is scheduled to appear in court June 27, Flanagan said.