A Subway employee who shot two people Monday night — killing one of them — will not be charged after DeKalb County police determined he had a gun pulled on him first.

Officers were called to the restaurant on Panola Road shortly after 9:30 p.m., according to a DeKalb police incident report. They found one man wounded and another dead in the parking lot.

The employee told officers he was working when a customer, identified as Jeremiah Furlow, came in and asked for water.

The employee told Furlow he couldn’t get water without buying anything and asked him to leave the store, he told police. Furlow left the store, but stood outside the door with a friend and continuously asked the employee if he had a problem, police said.

When the employee opened the door and confronted them, Furlow aimed a gun at him and asked if he wanted “some smoke,” according to the report.

The employee told officers he felt threatened, so he pulled his own gun from his pocket and shot Furlow and the friend, who was identified Wednesday as 20-year-old Jermaine Bradley.

Police said Bradley was not involved in the confrontation, and Furlow is charged with aggravated assault and felony murder since his actions led to the man’s death.

He will be booked into the DeKalb jail once he is released from the hospital.

Police said they will not release the name of the Subway employee or surveillance video of the fatal altercation.

The Subway was closed Tuesday. A sign on the door said it would remain closed until further notice.

The Subway store is closed until further notice, according to a sign on the door of the Panola Road location.

Credit: JOHN SPINK / JSPINK@AJC.COM

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Credit: JOHN SPINK / JSPINK@AJC.COM

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