The family of an Atlanta truck driver shot and killed by a cook at an Atlanta-area Waffle House has filed suit against the restaurant chain - and the shooter - after prosecutors dropped charges in the case which was captured on a security camera.
Adrian Mosely, a 33-year-old father of four, was killed instantly at the Atlanta-area Waffle House by Quintavius Martin, a 25-year-old cook who was on duty at the restaurant at the time of the shooting in June 2014.
The family obtained a copy of the surveillance video which appears to show the shooting which allegedly followed an argument between Mosely and Martin. both African-American. Mosely tossed water on the cook after being refused service, according to the Martin family.
The cook then reached below the counter, pulled out a gun and fired at Mosely in the middle of the crowded restaurant, hitting him several times, once in the head, according to the lawsuit filed late Wednesday in Georgia state court.
Martin was initially charged in the shooting, but the District Attorney's office later dropped the case. According to police reports, Moseley told a security guard he had a gun in his car and threatened to shoot the restaurant staff before lunging across the counter.
Martin could not immediately be reached for comment.
Under a Georgia law passed in 2014 gun owners may carry weapons in public places such as bars and restaurants. Critics have dubbed it the "guns everywhere" law.
"It was murder, plain and simple,” the family's attorney Chris Stewart told Univision. "The security guard should have called 911 if he felt threatened," he added. "Even if his client threatened staff that "still doesn't justify pulling out a gun and shooting someone. If so, we are entering the Wild, Wild West," Stewart said.
Mosely's family accused the restaurant of failing to properly train its staff and is asking for Martin to face trial for wrongful death, as well as seeking damages.
"Waffle House ... breached their duty to exercise ordinary and diligent care for the safety and protection of its guests and tenants,” the lawsuit said. The restaurant "owed a duty ... to warn and advise its employees to refrain from fatally shooting its patrons," it added.
In recent years several violent incidents have been reported at Waffle House restaurants known for late opening hours. Last year a waitress was shot and and killed in a Mississippi Waffle House after she asked a customer not to smoke. Also last year, a 28-year-old man shot and killed another customer at a Florida Waffle House in what authorities said was legal self-defense. In 2012 a 19-year-old man was shot and killed by a custiomer aftre he trtied to rob a Waffle House in South Carolina.