Trial begins for man accused in 2018 Waffle House killing

COLUMBIA, Mo. (KMIZ) -

The trial of a man accused in a deadly 2018 shooting at a Columbia Waffle House began Tuesday.

Matthew McMillan, 30, is charged with second-degree murder, assault and other criminal charges in connection with the death of Anthony Warren.

Jury selection started at about 10 a.m. on Tuesday as a jury pool of about 90 people were called in from Boone County. The defense objected to the all-white jury pool but the judge overruled the objection.

Boone County Judge Jodi Asel said the trial is expected to last three days. Opening statements were expected to start Tuesday afternoon.

According to court documents, McMillan allegedly pulled out a gun during a fight at the Waffle House on Vandiver Drive on New Year's Day 2018. Two men struggled for the gun when it went off, hitting another person in the leg, court documents said.

A Signal 88 security guard, Robert Moses, reportedly tried to break up the fight when he fatally fired his gun killing Warren.

Boone County Assistant Prosecuting Attorney Nicholas Komoroski argued Tuesday in court that McMillan committed a felony by using his gun and that felony led to Warren's death.

"Although Warren was killed by Moses' Gun, that would not have happened without McMillian's actions," Komoroski said. "Anthony Warren died because McMillan pulled out a gun and started this whole disturbance."

McMillan's attorney Matt Uhrig argued it was a busy night, and Moses was frustrated by the large crowds.

"He was anxious, he was nervous, and he was ready to kill someone," Uhrig said.

The trail will continue in the Boone County Courthouse Wednesday morning at 9.