GRAND RAPIDS, Mich. — A Grand Rapids armed security guard who shot and killed a bar patron who had been kicked out of the bar will not face charges in the killing.
Kent County Prosecutor Christopher Becker shared his opinion and analysis Friday of what went down at Le Petite Chateau along South Division in Grand Rapids on Sept. 4.
Grand Rapids Police were sent to the bar on reports of a shooting. That's where they found Jose Garcia Rivas in the parking lot just outside of the entrance.
He had been shot twice and died from his injuries.
The security guard who shot him cooperated with police, and the prosecutor's office said much of his recollections that night were backed up by security camera footage.
Detectives said that Garcia Rivas and his girlfriend were asked to leave the club after they were accused of causing a disturbance.
As they were making their way out, Garcia Rivas threw a bottle at the feet of another security guard and squared up as if he was going to throw a punch.
Once outside in the parking lot, Garcia Rivas and others were in a heated argument about what took place inside the club.
No physical fight happened, and everyone except Garcia Rivas and his girlfriend went back inside.
Detectives said Garcia Rivas and his girlfriend continued to argue in the parking lot for a short time when he suddenly ran toward the east entrance of the club.
He's accused of picking up a bottle at the post, opening one door and throwing that bottle at the second door.
The security guard who was open carrying a gun was standing just inside the entry door and ducked when the bottle flew by.
That's when the security guard pulled out his gun and fired three times. Two bullets struck Garcia Rivas.
The security guard told detectives that when Garcia Rivas and his girlfriend left the bar, he heard a loud noise that may have been a gunshot. He also told police he saw Garcia Rivas raise his right hand in an upward motion from his hip area, and he said he saw something black in his hand.
"When he was like, when he was like still rushing towards the door, that's when I opened it up and let off fire because I'm like if he gets in here and he starts shooting, it's going to be over for a lot of people," the security guard told detectives at the time.
The security guard said he thought that item in Garcia Rivas' hand could have been a gun or a phone, but he "wasn't going to wait until it was in my face to really confirm."
Security video confirmed that Garcia Rivas did not have anything in his hands at the time of the shooting, and he wasn't armed.
When the case came to the desk of Kent County Prosecutor Christopher Becker, he said he can't prove beyond a reasonable doubt that the security guard did not act in self-defense.
In fact, much of the evidence he could present would support the security guard acting in self-defense, Becker said.
Despite Garcia Rivas not being armed, Becker said it was not unreasonable for the security guard to believe in was in danger given all of the circumstances leading up to the deadly altercation.
You can read his full opinion here:
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