PALM HARBOR, Florida -- The Pinellas County State Attorney's Office will not pursue charges against Seth Browning, a security guard who shot and killed Brandon Baker during a March incident in Palm Harbor.
In a nine page ruling, prosecutors determined Browning was justified in his use of deadly force.
Browning, who was off-duty at the time, told investigators Baker confronted him and hit him several times.
That's when he pepper sprayed Baker and shot him once.
There were two other witnesses, Baker's brother and his girlfriend. But documents reveal they changed their stories during the investigation and had been drinking before the incident.
Prosecutors say that hurt their credibility as witnesses.
"I really expected to hear something different. I really did," said Baker's mother Bonnie, who told 10 News the witnesses were in a nearly impossible situation, "I'm not blaming them. It's not their fault. They saw something horrible and then they were asked to give exact details."
The documents also show at the time of the incident Brandon Baker's blood alcohol level was twice the legal limit and he had used a "significant amount" of cocaine earlier in the evening.
Browning's attorney told 10 News "Mr Browning and his family are grateful that this sad and very unfortunate incident appears to now be closed and behind him. Seth and his family wish to maintain their privacy and get back to a normal life and Seth intends to focus on his military duties going forward."
But Baker's mother says the legal fight is only just beginning.
"I will go to my grave digging for justice for my son," she said.
The family says they plan to pursue a wrongful death civil suit.