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Charges Dropped Against Mother’s Day Piggly Wiggly Shooter

Charges have been dropped against the Atmore man who shot a Century resident outside the Davisville Piggly Wiggly on Mother’s Day.

Gary Winston Smith, 57, of Rockaway Creek Road, had been charged with aggravated battery with a firearm for the May 8,, 2011, shooting of 45-year old Garland Rodney Johnson  of Century. Now, Johnson has told prosecutors that he no longer wished to pursue criminal charges in the case.

“The possibility that it was self defense has also been raised by the defendant,” Assistant State Attorney Greg Marcille told NorthEscambia.com Wednesday. “The could also be the issue of insufficient evidence.”

The whole incident, authorities said, was over a woman allegedly seeing both men.

The woman and Johnson, according to a witness, were both at the Grey Goose lounge a short distance from the Piggly Wiggly about 3:30 Sunday afternoon for a “Mother’s Day drink”. The woman told deputies that she and Johnson had just pulled into the Grey Goose parking lot when they heard tires spinning from Highway 97. Johnson then, according to the woman, went to the road to look and then got back into his Nissan Altima and took off toward the Piggly Wiggly. A short time later, according to an Escambia County Sheriff’s Office arrest report, Johnson called the woman on her cell phone and said, “He just shot me.” He told her he was “At the Pig” and had been shot in the stomach.

Smith told deputies he went to the Piggly Wiggly to get a steak to grill for his dinner. He said he observed Johnson get out of his Nissan Altima before he “charged” at him. Smith admitted to deputies that he reached into his pocket, pulled out a .22 caliber revolver, pointed it a Johnson and told him to stop. Smith said Johnson did not have anything in his hands, but came at him in an aggressive manner. Smith said Johnson stated that he was not scared of the gun and that “he was going to beat his brains in,” according to the Sheriff’s Office report.

Smith (pictured) told deputies that he shot Johnson in the stomach from about three feet away because he feared Johnson was going to “beat him up”. He also told deputies that he hoped Johnson would be okay.

When deputies arrived at the Piggly Wiggly after the shooting, they found Smith standing at the rear of his Mustang, which was parked along the sidewalk outside the store. His revolver was on the ground about three to four feet away. He was placed into custody without incident.

Deputies found Johnson inside the store, shot in the stomach with an exit wound in his back. He was transported by LifeFlight to Baptist Hospital and later recovered.

Smith’s brother-in-law told deputies he was about 20 yards away when he observed another man approach Smith, and it appeared the two men were arguing. The witness said the man got into Smith’s face, before stepping back and being shot.

Employees inside the Piggly Wiggly told deputies that they heard the gunshot before Johnson walked in the door and sat down on a bench. Store employees then called 911. Two of the employees told deputies that after the shooting, they observed Smith pacing with a gun in one hand and talking on this cell phone outside the store. Smith’s sister told deputies the two men had been feuding for the past few months.

For a NorthEscambia.com photo gallery from the scene, click here.

Pictured top: A Century  man was shot just outside the Piggly Wiggly on Highway 97 in Davisville on May 8. Pictured inset: This NorthEscambia.com exclusive photo shows Gary Winston Smith of Atmore being arrested in connection with the shooting. Pictured below: The victim, Garland Rodney Johnson of Century, was transported by LifeFlight to Baptist Hospital in Pensacola. NorthEscambia.com photos, click to enlarge.