"I totally think it was unjustifiable . . . at least they could have written him a ticket, something," said Mays' first wife, Holly Mays, 49. "I think now people think you can basically open fire in a residential area and say, 'I did it in self-defense.' "

Prosectors last week concluded that George Harrison, 59, shot Mays in self-defense in a July 9 confrontation between the two men that started when Mays was across the street from Mama's Southern Plantation restaurant, 1394 S. West Temple, according to a news release from the prosecutor's office.

Mays began shouting threats at Harrison, claiming, "You don't know who I am," and "I'm going to [expletive] you up."

When he was two or three feet from Harrison, Mays lifted his shirt and reached for his waistband.

Fearing Mays was reaching for a gun, Harrison drew his own .38 Special revolver and shot the other man once in the torso, killing him, according to prosecutors.

Mays was later found to be unarmed.

For Mays' son, the decision not to charge Harrison is heart-rending, especially because Harrison apparently gave no verbal warning.

"Man, when you kill someone you've got to pay the price . . . you've got to take responsibility," Mike Workman, 24, said. "[Harrison] needs to know [Mays] had loved ones."

Workman said the family is considering a civil lawsuit.

Salt Lake County District Attorney's Office spokeswoman Alicia Cook said Monday the facts of the case led prosecutors to believe a reasonable person would have had a reasonable belief, as Harrison did, that his or her life was in danger.

Cook added that prosecutors could not charge Harrison with a lesser crime because the self-defense statute doesn't allow for one when lethal force is used.

"With self-defense you are justified in using the force or you are not," Cook said.

Prosecutors said Harrison obtained a concealed-weapons permit for his gun in Indiana, and that Utah recognizes weapons permits issued in other states.

Attempts to contact Harrison for comment were unsuccessful.

lwhitehurst@sltrib.com

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* JASON BERGREEN contributed to this story.