No charges for security guard who fatally shot man at Midtown 24-hour diner

A security guard who shot and killed a man at the 24-hour diner where he worked will not face charges after he told investigators the shooting was in self-defense.

Credit: Channel 2 Action News

Credit: Channel 2 Action News

A security guard who shot and killed a man at the 24-hour diner where he worked will not face charges after he told investigators the shooting was in self-defense.

A security guard who shot and killed a man in the early morning hours of Aug. 7 will not face charges, Atlanta police said.

After authorities responded to the shooting around 4 a.m. at the 24-hour Midtown Diner on Peachtree Street, the security guard remained at the scene and was interviewed by police officers, according to an incident report obtained by The Atlanta Journal-Constitution.

The injured man, who was later identified by the Fulton County Medical Examiner’s Office as 35-year-old Timothy J. Wever, was found suffering from a gunshot wound to the chest at the corner of Peachtree Street and North Avenue. He was taken to Grady Memorial Hospital, where he was pronounced dead.

According to the report, the security guard identified himself as the shooter to police and gave a statement about the incident, telling investigators he shot Wever in self-defense. The guard was not taken into custody at the time and no charges have been filed, Atlanta police spokesman Sgt. Jarius Daugherty told the AJC.

Police did not release additional details about the circumstances around the shooting.