Family of man killed at Waffle House files lawsuit

SOUTH FULTON COUNTY, Ga. — A family claims Waffle House should have stopped the confrontation that resulted in the shooting death of a man by a cook.

The family's attorney maintains the cook, Quintavious Martin, was frightened because of constant crime. The attorney says the cook felt he needed to illegally arm himself behind the counter at Waffle House.

The cook used that gun when he got into an altercation with Adrian Mosley, 33.

The altercation can be seen in surveillance video captured that night.

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The Mosley family attorney says the cook refused service to Mosley and another friend.

Video shows Mosley reaching over the counter and spilling a glass of water. That's when Martin goes after his gun, shooting Mosley four times.

Mosley family members are upset that the Waffle House security guard never physically intervened in this incident.

Martin was initially charged with murder and possession of an illegal firearm, but those charges were dropped due to Georgia's stand your ground law.

The family wants Waffle House to better train their employees and hire off-duty police officers instead of security guards. The family is also asking for financial compensation.

Cox Media Group