ALBANY, GA (WALB) - The District Attorney will let a grand jury decide what, if any criminal charges come from a deadly shootout that left one man dead, another in the hospital, and a third in jail.
The shooting happened around 7 a.m. Wednesday in the parking lot of Brothers Corner store on Newton Road in South Albany.
According to the Dougherty County Coroner, the victim who died in the shooting was identified as 35-year-old Richard J. Butler.
Another man, Arthur Bell III was injured and taken to the hospital.
"These two gentlemen, they had a previous disagreement, and apparently it had been brewing for a while, to the point where they decided to end their argument right there in the parking lot," said Albany Police Chief Michael Persley.
Police say Butler's cousin, Richard M.Butler, also fired several shots in the shootout. He is in the Dougherty County jail, charged with aggravated assault and tampering with evidence.
The entire incident was recorded on store surveillance video.
D.A. Greg Edwards said the grand jury will watch the video and decide if Georgia's Stand Your Ground self defense law comes into play.
"They would look at the allegations," said Edwards. "They will look at the law that applies, and can make a determination of whether they believe it is a matter that should move forward in the process."
"We just trying to get some money up just to bury him now," said the victim's mother Kathel C. Butler. And I love my son, but what they did to him is wrong."
Meanwhile, Chief Persley asked the grieving families to let the courts decide justice.
The D. A. said he plans to present the case to the Grand Jury, likely at their next meeting.
The Butler family is asking the community for help with funeral expenses, setting up a donation fund account at Renasant Bank.
Georgia's Stand Your Ground Law was enacted in 2006
"A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force."