DeKalb County police have filed no charges against the shooter who killed a man at a Burger King during breakfast Monday.
In a report, an officer wrote that Demario Gilbert, 27, was justified in firing on Collin Chandler, 37, in a fight over a woman. Gilbert was at the restaurant, located at 4622 Memorial Drive, with his girlfriend, Chandler’s ex-girlfriend.
Gilbert and the girlfriend were at the soda machine when Chandler approached, saying, “I told you next time I see you I’mma kill you,” the report said.
The men started to fight and Chandler allegedly choked Gilbert while repeating his plans to kill him.
Gasping for air, Gilbert reached in the girlfriend’s pink purse for a handgun, the report said.
“I pulled the trigger one time and he let go,” Gilbert told police.
Chandler went for the door and fell on the pavement outside, blood running from his chest. By the time police arrived, he had stopped breathing.
Officers found Gilbert sitting in a booth waiting for them.
The girlfriend was hit in the hand by the same bullet that went into her former boyfriend’s chest. She was treated at a local hospital.
After investigation and speaking with the DeKalb County District Attorney’s Office, police decided not to charge Gilbert, the report said.
He was released Monday night.
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