MEMPHIS, Tenn. – The person who shot and killed a would-be robber at an East Memphis fast food restaurant will not face charges.
But tonight, we’re learning more about the man who died outside the Wendy’s on South Highland Street. Police said the man who died was 28-year-old Terrance Berry. They also say the district attorney declined to pursue charges against the person who shot him.
RELATED: Man shot dead while trying to rob fast food restaurant, MPD says
FOX13 learned Berry had only gotten out of prison a few months ago. He’d been locked up for killing a man nearly ten years ago.
Terrance Berry spent most of his adult life behind bars after a plea deal that reduced a second-degree murder charge in Memphis to voluntary manslaughter. That crime happened on July 14th, 2016.
Police said they found Octavious Key dead from multiple gunshot wounds at an apartment in Orange Mound.
Berry, 18 at the time, turned himself in to police a week later. Police said he admitted to shooting Key. Berry was finally released from prison sometime in January 2025.
A week ago, police said Berry went into a Wendy’s in East Memphis, announced he was robbing the restaurant, and fired a shot into the ceiling. But someone inside the restaurant was also armed and shot Berry. The would-be armed robber made it out the door before collapsing in the street. Life-saving efforts by police could not revive him. Police said the name of the person who shot Berry is not being released.
Under Tennessee law, you can use lethal force if you have a reasonable belief that you face an imminent threat of death or serious injury. Meanwhile, Wendy’s on South Highland has suspended in-restaurant dining since the shooting incident on June 20, and it remains closed; however, the drive-through window is open for business.
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