COLUMBIA, Mo. - The Signal 88 security guard who was accused of shooting and killing Anthony Warren at the Waffle House on Jan. 1 has filed a motion to dismiss the wrongful death lawsuit.
ABC 17 News previously reported that the wrongful death lawsuit claimed security guard Robert Moses was negligent when he shot and killed Warren on New Year's Day at the Waffle House on Vandiver Drive, and that Signal 88 had "created an unreasonable risk of harm to others" in hiring him.
Warren's family alleged that Moses attempted to intervene in an altercation and negligently fired a gun causing a bullet to strike Warren, who was an innocent bystander.
According to the motion filed Wednesday by Moses' attorney, Moses was physically assaulted by an unknown person. The motion claims the unknown person, Warren and others placed Moses and the restaurant patrons in fear of their lives and/ or serious physical injury.
The motion argues Moses was justified in use of deadly force to defend himself and others.
Moses' attorneys said, "He bravely and legally undertook to intervene between two patrons who had, at the minimum, 'brandished a hand gun' in the Waffle House full of patrons."
The attorneys believe that Moses is entitled to the defense of absolute immunity to this civil cause of action as a matter of law.
Moses is requesting the court to dismiss the pleadings and to be compensated for the attorney fees and costs.
For more on the wrongful death lawsuit, click here.
Signal 88 Security also responded to petitions and questions filed by Warren's family. Signal 88, which is also represented by the same law firm as Moses, said "Moses' life was threatened by acquaintances of Warren, because he did his job in protecting patrons of the Waffle House and himself."
Signal 88 objected to all questions submitted by the Warren family, which included documents relating to safety and training materials for security guards as well as any complaints or investigations into Moses.
The security company said many of the questions were too vague and ambiguous for it to know what documents were being requested.