No charges in QT shooting

Ruled justifiable homicide
Black handgun on black background
Black handgun on black background Photo credit Getty Images

A shooting which resulted in death earlier this week has been ruled justifiable homicide.

Around 11:00 PM on October 13, Spartanburg County Sheriff's deputies were called to the QT at 2313 Reidville Rd. in reference to a shooting.

According to a release from the SCSO, the deputies were told before their arrival by 911 dispatchers that there was a white male victim, later identified as 58-year-old Russell David Berry, in the parking lot with a gunshot wound to his abdomen.

The deputies were also told the shooter was an Asian male who had laid his gun on the ground, had laced his fingers behind his head, and was laying on his stomach in the parking lot.

The release further said dispatchers also told the deputies that the Asian man had asked the witnesses to call 911 and said the shooting was in self-defense.

At the scene, deputies began questioning the subject while EMS administered treatment to Berry's gunshot wound; Berry died at a hospital later that night.

Investigation showed the Asian man had first gone to the CVS behind QT to get a money order but was unable to do so, due to a machine malfunction.

He then asked the clerk at the CVS where the closest ATM was located, and according to the release, she told him there was one inside the QT.

Berry was also inside the CVS at the same time as the Asian man, but video did not show any interaction between them.

The Asian man left CVS and went to QT to use the ATM, while Berry also left the CVS but "stayed in his car in the parking lot closest to the QT."

The release states the Asian man exited QT approximately 10 minutes later and was walking towards his car when Berry left his own vehicle and hurried toward the man.

Video showed Berry swung at the man but missed him as the man ran away.

The Asian man has a valid concealed weapons permit and had both his permit and his weapon on him.

The release said, "Fearing for his life as Berry kept coming towards him, he pulled his pistol from his waistband and fired one time at Berry, hitting him in the stomach."

The lead violent crime investigator with the SCSO met with the Solicitor’s Office on October 15 to review the case file.

According to the release, the Solicitor’s Office ruled this incident as a justifiable homicide, and no criminal charges against will be filed against the man.

The release also noted that despite that ruling the investigation remains active.