Gwinnett County

Attorney claims self-defense in deadly Gwinnett County McDonald’s parking lot shooting

GWINNETT COUNTY, G.a — A business owner’s lawyer says his client acted in self-defense when he shot and killed an employee during a confrontation over suspected tool theft at a McDonald’s.

“This was a two on one situation,” defense attorney Cerille Nassau told Channel 2 Gwinnett County Bureau Chief Matt Johnson. “In Georgia, you have a right to stand your ground if you feel threatened with great bodily harm.”

Michael Todd faces murder and assault charges for the Feb. 19 shooting death of Donald Stewart in a McDonald’s parking lot on Sugarloaf Parkway.

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Detective Early with Gwinnett County Police painted a different picture in court during a preliminary hearing Wednesday.

“One witness saw Todd shoot at Stewart, who had his hands out,” Early testified.

Todd tracked two employees using a tablet, suspecting they were stealing company tools, according to police.

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“Before driving over there, he grabbed his gun from his office and put it in his vehicle,” Early said.

In police interviews, Todd claimed Stewart moved aggressively.

“He saw Stewart make a movement, so he turned and fired his weapon, thinking Stewart was either going for a gun or coming at him,” Early recalled.

Witnesses told a different story.

“Stewart had his hands up the whole time while maybe moving them around,” Early testified. “He never had a firearm.”

Nassau pushed back against portraying his client as the aggressor. The attorney emphasized Todd’s cooperation and how he stayed on the scene.

“The way the story’s been told was an angry boss attacks a former employee - that really wasn’t the issue here,” Nassau said. “I just want everybody to keep an open mind.”

The judge found enough evidence to send all charges, including malice murder, to Superior Court. Todd remains in jail without bond as both sides prepare for trial.

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