Scott Beary died as a result of an argument at Show-Me’s Sports Bar & Grill in Florissant, Missouri. His friend, 37-year-old Ryan Jacobsmyer, was injured, police said.
Carl Leavy, a witness at the restaurant, told KMOV that the discussion about the dog’s weight boiled over into an argument and that one man pulled out a gun. As Beary and Leavy were about to leave, the dispute turned violent, police said.
The man who opened fire is not facing charges and his name is not being released yet, St. Louis County Prosecuting Attorney Bob McCulloch said. He said there was not enough clear evidence to determine whether the shooting was an aggressive move or an act of self-defense, KMOV reported.
“Defense is always a consideration we look at, but now there’s defense of others, who’s the aggressor, who’s the initial aggressor,” McCulloch told KMOV. “The way the law keeps changing with Stand Your Ground and where you can take guns and all that information, it’s going to take awhile to sort through this.”
Beary’s death came less than two weeks after the death of his 11-day-old daughter, who died because of complications from a premature birth, KMOV reported.
"We put her to rest and we were all healing and now this happens. So, we're going to start all over again and we're going to be in that same church that we were just inside on Sunday and it's not fair," said Beary’s friend, Jeana Sellenschuetter. “He was the salt of the earth, He was a teddy bear.”
Sellenschutter has created a GoFundMe page for Beary's family, KMOV reported.