Mandeville gas station fatal shooting legally justified, DA Warren Montgomery says; see surveillance of violent encounter _lowres

The is a still image made from a video of a man shooting another man in a Mandeville gas station.

No one will be prosecuted for the fatal shooting of Shawn Breland, a 41-year-old Army veteran who was killed April 4 after an altercation with a clerk and another customer at a Shell station in Mandeville.

District Attorney Warren Montgomery said in a news release that his office will not pursue criminal charges based on the evidence.

He noted that the Mandeville Police Department concluded Breland was the aggressor in the incident and that it didn’t arrest the shooter, who was lawfully armed.

Montgomery released security-camera footage that shows Breland became increasingly agitated as he interacted first with the clerk and then with another customer, who was carrying a gun in a holster.

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The armed customer, a firearms instructor whose identity has not been made public, ultimately shot Breland three times in the chest and stomach.

The surveillance video shows Breland arguing with the clerk and jabbing his index finger in the air at him. Mandeville police said at the time that he was berating the clerk and using racial slurs.

The clerk told him to leave, but Breland kept returning to the store, at one point throwing packages of chips at the clerk.

The armed customer followed Breland outside to get the license plate number from Breland’s vehicle, police said, prompting Breland to attack him.

The video shows Breland backing the other man up inside the store and finally cornering him. Then Breland can be seen crumpling and sitting on the floor, rubbing his face.

The clerk called police when the altercation began, but Breland had been shot by the time they arrived.

Mandeville police, who interviewed witnesses and viewed the footage, said the shooter drew his weapon and ordered Breland back, but to no avail. He shot him once in the torso, and when Breland continued to come after him, fired two more rounds.

Montgomery said Breland’s death was a tragedy but was legally justified.

Breland, who lived in Folsom, was a truck driver and a veteran, according to his obituary. He is survived by a wife and four sons.

Follow Sara Pagones on Twitter, @spagonesadvocat.