Police say it looks like the security guard shot Hebert in self defense, after being attacked twice. Fresno Police Captain Dennis Bridges explained.
Dennis Bridges: "At this point based on evidence detectives have now the decedent was the aggressor and assaulted the uniformed security guard during the second incident and the security guard fired out of self defense."
Witnesses told police the men had been drinking in the bar. They were outside, after closing time, when the guard, had a brief encounter with two young men. They then got into a car and started to drive away. The guard was calling 9-1-1 on his cell phone, when the car stopped. The men got out, and the guard was attacked and severely beaten. He pulled his weapon and fired several shots.
The guard who is 39-years-old, remains hospitalized. His employer, a private company called Fresno County Security would not comment on the incident. But John Turner, owner of Fresno's largest guard service, Turner Security, says guards who are licensed to carry guns are allowed to use them only in defense of their own lives.
"It's very rare, it's probably like lighting striking. A guard shoots somebody and kills a person. But it is thelas line of defense for the person. He has to be under duress and feel his life is gonna be taken." He said.
Fresno Police confirm the guard was licensed by the state to carry a gun, but Bridges adds that while it looks like he acted in self defense the case is not closed. "This is an investigation that will remain open for days if not weeks."
The security guard's name had not been made public as of Tuesday night. Andrew Hebert lived in Fresno. His father owns a local spa and barbeque business.