Michael James Mays, 47, was shot dead July 9 outside the restaurant, 1394 S. West Temple, while coming at off-duty security guard George Harrison, 59, in a threatening manner and apparently reaching into his waistband for a gun, according to prosecutors.

In a statement released Thursday, Salt Lake County prosecutors wrote that Mays was across the street and north of the restaurant, pacing and talking on a cell phone, when he began shouting threats at Harrison, claiming, "You don't know who I am," and "I'm going to [expletive] you up."

Mays then walked south, closer to the restaurant, prosecutors wrote. When he was directly across from Harrison, he turned abruptly and approached the patio area where Harrison was sitting, prosecutors wrote.

Mays was two or three feet away from Harrison when he lifted his shirt with his right hand moved his left hand toward his waistband, prosecutors wrote.

Fearing Mays was reaching for a gun, Harrison drew his concealed .38 Special revolver from a holster at his waist and shot Mays once in the chest, killing him, prosecutors wrote.

Two other witnesses corroborated Harrison's account, prosecutors wrote, noting that Harrison is licensed in Indiana to carry a concealed weapon, and that Utah recognizes other state's concealed carry permits.

"Mr. Harrison believed that Mr. Mays was reaching for a gun to shoot him," the release states. "Under the circumstances of Mr. May's verbal threats, aggressive approach toward Mr. Harrison, and action of lifting his shirt and reaching his hand toward his waistband, Mr. Harrison's belief was reasonable."

Police later confirmed that Mays was unarmed.

Said District Attorney spokeswoman Alicia Cook: "We believe this incident falls within the parameters of self-defense and that the shooting was justified."

Asked when Harrison decided to pull his gun, Cook said, "The whole thing seems to have been pretty quick. I don't think Mr. Harrison had time to deliberate about anything."

Cook added that Harrison has expressed "a lot of regret" about the shooting.

"It's fair to say he wishes the whole thing hadn't happened," Cook said. "It was an unfortunate circumstance for both men."

According to Utah law, Cook said, "You can only respond with lethal force when you are threatened with lethal force. You cannot use lethal force to respond to a fistfight."

ealberty@sltrib.com