COLUMBIA, Mo. (KMIZ)
UPDATE: A Boone County jury found McMillan guilty on all four counts, including second-degree murder.
Judge Jodie Asel announced the jury's decision around 6:45 p.m. after more than three hours of deliberation.
The jury found McMillan guilty of second-degree murder, unlawful use of a weapon, assault and armed criminal action.
ORIGINAL: The defense called no witnesses Wednesday afternoon in the trial of a man accused in a deadly 2018 shooting at a Columbia Waffle House.
Matthew McMillan, 31, is charged with second-degree murder, assault and other criminal charges in connection with the death of Anthony Warren. Warren was shot to death by security guard Robert Moses, but McMillan was charged under Missouri's "felony murder" law because he allegedly pulled a gun, causing a chaotic scene that led to Warren's fatal shooting.
The defense rested its case without calling any witnesses or presenting any evidence after the state objected to one witness. Closing arguments began at about 2:40 p.m.
Prosecutor Nicholas Komoroski said in his closing statement that McMillan "showed a complete disregard for the life of others" and said Warren would not have died if McMillan didn't pull out his gun.
Defense attorney Matt Uhrig argued that McMillan acted in self-defense. Uhrig claimed Le'Quon Hord-Bush's actions caused the string of events leading to Warren's death. He also blamed Hord-Bush's cousin, who threw a coffee pot into the fight, which was said to cause Moses to turn around and fire his gun.
Wednesday started with testimony from Hord-Bush, the man McMillan was fighting when he pulled out a gun. Bush was shot in the leg during the struggle.
While Hord-Bush was on the stand, the state reviewed the surveillance footage, asking what was said between him and McMillan that night. He testified that he did not remember and that he did not threaten McMillan.
Hord-Bush said he did not stand up until he saw McMillan's gun, and was trying to stop McMillan from shooting him.
Komoroski disputed the self-defense claim, saying Hord-Bush and his companions did not have a gun.
The defense presented toxicology reports from the night Hord-Bush was treated at the hospital for the gunshot wound, stating he had multiple drugs, including alcohol and opioids, in his system.
The defense also presented medical records, that state Hord-Bush told the medical professionals he did not know how he was injured the night he was shot.
During cross-examination, Hord-Busch continued to testify that he didn't remember what happened that night until he was shown the surveillance video.
Jurors heard opening statements Tuesday, along with testimony from witnesses and police.
Boone County Assistant Prosecuting Attorney Nicholas Komoroski argued Tuesday 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 told jurors. "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 jury also watched the full surveillance video from that night on Tuesday.
Check back for updates on this developing story and watch ABC 17 News at 5 and 6.