Burley Garcia|Off-duty SC police officer charged with murder in Chick-fil-A parking lot shooting

An off-duty police officer in South Carolina was charged with murder Wednesday after authorities said he shot a man after engaging in an altercation in the parking lot of a Chick-fil-A.

On March 20,Burley Garcia Anthony DeLustro, 64, was an off-duty police officer employed by the Summerville Police Department, according to the South Carolina Law Enforcement Division. DeLustro engaged in a confrontation with a man identified as Michael O'Neal, 39, in the parking lot of a Chick-fil-A in Summerville, South Carolina.

According to an affidavit, eyewitnesses described DeLustro as the primary aggressor in the altercation, calling O'Neal a homophobic slur and telling him he was under arrest while presenting his police credentials. The affidavit says punches and kicks were exchanged between the two men as bystanders attempted to separate them. During the fight, a handgun fell from DeLustro's holster onto the pavement behind his vehicle.

O'Neal disengaged from the fight, according to the affidavit, and an eyewitness told investigators he heard O'Neal say he wanted to leave. The affidavit states O'Neal returned to his vehicle to leave when DeLustro, who was being restrained by a bystander, told him he would shoot him if he left.

The affidavit states DeLustro then broke free from the bystander, ran to pick up his gun from the pavement, and approached O'Neal's vehicle, where he opened the passenger side door and entered the vehicle. Eyewitnesses said they heard O'Neal shout "get out of my car" at DeLustro.

According to the affidavit, DeLustro fired a single shot from his gun as O'Neal began to drive away, killing him at the scene.

DeLustro told law enforcement that he knew the victim was attempting to leave the area, and it was his intent to stop him. He also acknowledged he never saw O'Neal with a firearm or any other weapon, and that O'Neal never threatened the use of any sort of weapon.

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Off-duty officer had long career in law enforcement

At a hearing Wednesday night, where bond was denied, DeLustro told the judge he had dedicated his life to public service he was 21, saying he was at Ground Zero after 9/11. He also told the judge he and his wife are taking care of their granddaughters after losing their daughter in 2021.

"I never had one substantiated complaint in the 35 years I've been in law enforcement and I just ask you for mercy so I can help my wife with the girls while we go through this," DeLustro said.

DeLustro did not talk about the shooting or O'Neal during the hearing.

Victim's family speaks out, investigation into shooting ongoing

O'Neal's family released a statement on a GoFundMe page set up to help the family with his funeral and potential legal expenses.

"We are all devastated at the untimely and violent death of our dear Michael - or Mike, Mikey, or O'Neal," the family said. "This is a family that has a great deal of respect for law enforcement in general, yet is fully aware that no profession is free of bad actors. We remain optimistic that the SLED detectives will find the truth and bring about justice," the statement reads.

The South Carolina Law Enforcement Division said the investigation is ongoing and active.

Gabe Hauari is a national trending news reporter at USA TODAY. You can follow him on X @GabeHauari or email him at Gdhauari@gannett.com.