Judge refuses to dismiss shooting lawsuit against security guard

A Boone County judge kept a Columbia security guard involved in a lawsuit filed by the family of a man he shot.

Judge Jeff Harris denied Signal 88 security guard Robert Moses’ request to dismiss the lawsuit against him. Moses claims he shot Anthony Warren in self-defense on New Year’s Day at the Waffle House on Vandiver Drive.

Harris said the self-defense argument must first be established at trial. State law grants people defense from civil liability in these cases, Harris wrote, but a judge or jury must first agree that it was an appropriate use of force.

Moses shot and killed Warren after a fight over a gun that took place earlier in the restaurant, according to the lawsuit. Police said a struggle took place over a gun between one man and Matthew McMillan. The gun eventually went off, shooting the other man in the foot. Moses shot Warren a short time later, claiming Warren was with a group of people that made him feel unsafe.

Warren’s children, their mother and Warren’s mother all sued Moses and Signal 88 a month after the shooting. The suit also includes Waffle House and the company that franchises that location.

Prosecutors charged McMillan with second-degree murder and assault. In Missouri, prosecutors can charge someone with murder if someone dies in the commission of a felony.

Records ABC 17 News obtained show Moses failed the shooting portion of his private security license with the city several times before passing.