Fatal shooting of two men at East Lake gas station ruled 'justifiable'

BIRMINGHAM, Ala. (WBMA) — The fatal shooting of two men at an Eastlake gas station last week was ruled justifiable by authorities.

The Birmingham Police Department said Tobias Mckinstry and Timmeric Bryant were killed Thursday, December 8 in the 8300 Block of 1st Avenue North.

Police said the preliminary investigation revealed that McKinstry was involved in an argument with a third person surrounding his car being stolen earlier and being observed at the location.

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Police said evidence gathered during the investigation revealed McKinstry entered the gas station brandishing a shotgun. The gas station had patrons inside. Police said one of the patrons pulled out a firearm and fired shots in McKinstry’s direction, striking him along with Bryant, who was at the gas station accompanying the third party involved in the original argument.

The person who fired the shots turned himself in to police custody the day of the incident.

Police noted that it is not believed that Mr. Bryant had any involvement in the stolen vehicle argument.

McKinstry was pronounced deceased on the scene. Bryant was pronounced deceased at UAB Hospital.

Police said investigators presented the information gathered to the Jefferson County District Attorney’s office for review. Following the assessment, the Jefferson County District Attorney’s Office ruled the actions justifiable.