A man was justified when he shot three people, killing one of them, during an altercation late last year at a restaurant in Allentown, according to authorities.
Lehigh County District Attorney Gavin Holihan announced Friday in a news release that the shooter in the Dec. 19 incident at the Big Woody’s at 1410 Hanover Ave. was legally justified when he fatally shot 34-year-old David Gibbs and two others.
Gibbs was holding the man’s friend in a headlock, and another man was hitting the man in the head when the shooter shot both of them, according to the release. He shot the third man after that man tried to stab him, authorities said.
The DA said Gibbs was with the other two men who were shot, and before the shooting they paid for food and drinks for two women at the bar. Another group of people, which included the man who shot the three, arrived, and it became clear that one of men in that group was dating one of the women.
Gibbs’ group became agitated and began arguing with one of the men in the other group. Two of the people in the second group tried to calm the situation, but Gibbs then punched one of them — the one who ended up shooting them — knocking him to he ground, the release states. Then Gibbs and the two men he was with began fighting the other group.
At one point during the fight, one of the men in Gibbs’ group pulled out a knife. Gibbs put one of the men in a headlock while one of the men in Gibbs’ group punched that man in the head, the DA said. The man who was knocked to the ground earlier pulled out a gun and shot them, the release states.
The man with the knife charged at him and stabbed him. He shot that man as he was heading toward him, the DA said.
Gibbs was treated at the scene and taken to a nearby hospital, where he died from his injuries. The man with the knife was also taken to a hospital for treatment. Police recovered the knife.
The third man who was shot drove to a nearby hospital by a private vehicle. He told investigators he did not know where he had been, nor did he know what happened to him, the DA said.
The shooter called 911 and told authorities he shot the three people in self-defense. He stayed at the scene until police arrived, and the handgun, which he legally owned and had a concealed carry permit for, was seized, authorities said. He suffered a facial injury and a puncture wound to his ribcage.
The DA said the man Gibbs had in a headlock was at risk of serious death or bodily injury. The shooter, he said, reasonably believed deadly force was necessary to protect him. Neither men provoked the fight, he added. He was also justified in using deadly force against the man who stabbed him, according to the release.
The DA said there could be charges against others involved in the incident.