Whataburger shooting ruled justifiable

Shooter in Stand Your Ground case: 'I had to do what I had to do'

JACKSONVILLE, Fla. – A man who shot and killed another man after getting into a confrontation at a fast-food drive-through window in Fleming Island will not face charges in the shooting.

The State Attorney's Office ruled Matthew Aston was justified in the shooting under the Stand Your Ground law.
The shooting happened on New Year's Day 2015 at a Whataburger.

The State Attorney's Office made a ruling on the case in November but just released the report to News4Jax this week..

According to the report, Aston and his fiancée, who is now his wife, drove to a Whataburger in Fleming Island on Jan. 1.

They pulled behind a car in which Daniel Grady was a passenger. Aston cut in front of the car because it was blocking the entrance. That's when Grady started yelling profanities at him.

Aston's fiancée told police she saw the driver of the car pull out a gun. Grady got out of the car and came running at Aston, who'd also gotten outside of his truck. Aston said Grady yelled, “Do you want to die!” That's when Aston fired a shot and killed Grady.

“Undoubtedly it felt (like) my life was in danger,” Aston told News4Jax. “Not only mine but my wife who was with me. We were alone, and we were approached by two gentleman of able ability and intent and opportunity to cause bodily harm or injury to myself or my wife. Even after asking them to stop, they continued to approach. I had to do what I had to do.”

After the shooting, Aston called police and he and his fiancée left the scene to go home. The driver of the car Grady was in also drove away, leaving Grady’s body at the restaurant.

He later returned and police said they did not find a gun, but the driver told police that he understood why Aston might have been acting in self-defense.

The State Attorney's Office said that based on the circumstances, there was an improbability of conviction for homicide and that the shooting was justifiable.

Attorney Gene Nichols, who is not associated with the case, said the decision was clear for the State Attorney’s Office.

“Based on the statement of the driver, who was in the car with the man that was shot, that this gentleman had reason to be in fear, it was a very clear-cut case that the State Attorney's Office not even file (charges),” Nichols said. “They made the determination that the shooter was in jeopardy, that he was in jeopardy and his fiancée was in jeopardy. Clearly the State Attorney's Office realized this is a case they could not win at trial.”

Aston said he is glad that the case is finally over and that he feels for Grady's family. He said everyone can learn from his situation.

“It was a relief to finally get the word that, you know, the law did its job correctly,” Aston said. “It was a burden on the family for quite some time. The waiting game was very stressful. Knowing the laws and abiding by them and doing what is right served me well. It was a devastating incident and I would not want that to happen to anybody.”

News4Jax attempted to contact Grady's family, but we have not heard back yet. The State Attorney's Office had no further comment than to say the ruling stands on its own.