GWINNETT COUNTY, Ga. — The family of a man accused of shooting at someone he thought was shoplifting in Gwinnett County is pushing to get out of jail.
His family told the judge Friday that he’s not someone to just fire his gun for no reason. But that argument was a tough sell for prosecutors and the judge, Gwinnett County bureau chief Matt Johnson reported.
“I thought I may have been responding to an active shooter,” Officer Robert Mullins of Loganville Police.
That’s how Mullins described racing to a crowded Lowe’s in Loganville on Nov. 29. What he found was a 64-year-old customer named Steven Wagner who told police he opened fire on someone he thought was shoplifting.
“The guy stole from the store. I had to confront him. He pointed a gun at me, so I let off three rounds at him,” Wagner said.
He faces felony aggravated assault charges and appeared in court Friday hoping a judge would grant him bond.
His wife Kathy Wagner told the court her husband served as a military police officer.
“My husband is very diligent and he does not do anything erratic like that,” Kathy Wagner said.
Wagner’s son Richard Wagner testified his father owns four guns and has a concealed carry permit.
“He is always been very disciplined and actually showed me various times safety practices,” he said.
But prosecutors argued that his training should have prevented him from firing.
“No one else substantiated the fact that this person had a weapon,” a prosecutor said.
Defense attorney Jerry C. Carter Jr. argued his client should be released while key evidence, the video from Lowe’s, is still missing.
After hearing both sides, the judge ruled Wagner poses a danger and denied bond.
“It’s wildly absurd that a gun would be drawn,” said Judge Jammie Taire of Gwinnett County.
After Friday’s hearing, he will remain in jail without bond until his next court date.
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