The Salt Lake County attorney's office has declined to file charges against a man involved in a struggle over a gun that killed Jorge Cabezas.

Cabezas, 24, of Salt Lake City, died instantly early Sunday after a bullet struck him in the head as he stood in an alley behind the Red Belle Bar, 918 S. State.Police said the guard, who is licensed to carry a concealed weapon, felt his life was in danger when he pulled the gun from beneath his truck seat. The shooting occurred as he and a drunken bar patron wrestled for the weapon.

Two shots were fired, both striking Cabezas.

"It's a tragic situation, but we simply didn't find anything about it that would warrant a murder charge or even a negligent homicide charge," said deputy county attorney John Spikes.

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He said Cabezas and the drunken man pounded on the guard's truck, opened the door and tried to hit him. Cabezas backed off when the man produced the gun, but the other man continued the struggle.

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