Two men have been charged in the fatal Halloween shooting of a Milner man at a Butts County Waffle House.
The Georgia Bureau of Investigation said Nov. 6 that Robert Lewis Henderson Jr. and Antonio DeMarty Evans both turned themselves in to the Butts County Sheriff’s Office that morning on charges stemming from the death of Nicholas Bryan.
Henderson is charged with one count of murder and one count of aggravated assault. Evans is charged with tampering with evidence, the GBI said in a statement.
The GBI has previously said Henderson, 36, of Flovilla, and Evans, 39, of Flovilla, were at the Waffle House on Ga. Highway 36, and had a confrontation with Bryan, 27.
“Bryan was using racial slurs towards Henderson and Evans and was asked to leave the premises by Waffle House staff,” the GBI said in a statement. “Evans and Bryan began having a physical altercation, at which time, Henderson Jr. fired one round at Bryan, striking him.”
Bryan died around 3 a.m. the next morning after being taken to Monroe County Hospital in Forsyth.
“The Butts County Sheriff’s Office 911 Center received three different 911 calls regarding disturbances at the Waffle House” on Oct. 31, the GBI said. “The first call was regarding an irate customer, the second call was regarding a fight, and the third call was regarding shots fired, all of which were within several minutes.”
Butts County Sheriff Gary Long said the GBI was asked to handled the investigation because Henderson is the son of a Butts County commissioner and Bryan is related to a Butts County judge.
Both Henderson and Evans made their first court appearances in the case Nov. 6. Chief Magistrate Rebecca Pitts said Evans was granted $10,000 bond. Bond can only be set by Superior Court in Henderson’s case because of the nature of the charges.
During a hearing on Tuesday in which several well known community members spoke on Henderson’s behalf, Superior Court Judge Thomas Wilson granted him a $1 million property or $100,000 cash bond, and set several conditions on his release.
According to arrest warrants, Evans is accused of retrieving a spent shell casing after the shooting and flushing it down a toilet.