An unidentified Austell apartment complex security guard who fatally shot a tenant Tuesday night is unlikely to face criminal charges, a Cobb County police spokesman told the AJC.

The guard, presumably acting in self-defense, shot Andre Oliver, 27, following an altercation in the parking lot of the Parkview Apartments on Six Flags Drive.

Officers arrived at the scene around 10 p.m. to find the guard surrounded by tenants.

“It was a very tense situation,” said Cobb police Sgt. Dana Pierce. “We basically got him out of there for his own safety.”

A second man, 19-year-old Jacoby Adams of Austell, was struck in the leg by a stray round of gunfire but was not seriously injured, Pierce said.

Oliver was taken to Grady Memorial Hospital, where he was pronounced dead.

Though police don’t anticipate filing charges against the guard, Oliver’s death is classified as a homicide, Pierce said. A grand jury will most likely review the case and could still recommend that the guard be charged.

Oliver's wife, Davine Thames, told Channel 2 Action News that the fight started after the guard tried to evict the family.

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