The owner of the Pita Stop restaurant, a Middle Eastern institution in Birmingham’s Southside, will not face criminal charges in the December shooting death of a patron inside the restaurant.

Ricardo Tafoya Garcia, 30, was fatally shot at 12:11 p.m. Saturday, Dec. 16, 2023, inside the business in the 1100 block of 12th Street South.

Garcia was pronounced dead at UAB Hospital at 12:34 p.m.

The Jefferson County District Attorney’s Office on Tuesday confirmed that a grand jury heard the evidence in the case and did not indict Pita Stop owner Mohammad “Matt” Islam, who has worked in the restaurant, which opened in 1977, since 1999 and purchased it in 2021.

Islam, in a previous interview with AL.com, detailed the events leading up to the fatal dispute.

Islam said Garcia began arguing that he had paid for his meal with a credit card but none of the three women working there had taken his payment.

Islam said he asked the man to open the credit card app on his phone and the man began pointing to a notice of a payment, but Islam said it was for a meal from another Birmingham restaurant.

Islam said he gave the phone back to Garcia, who he believes was under the influence.

“For a fraction of a second, I thought he understood,” Islam said in the December interview. Then, the man said he was “going to f..k up” Islam, the restaurant owner said.

“The next thing I know, something hit me and I’m on the ground and he was hitting me over and over. There was blood on the floor,” Islam said. “I was trying to make him understand there was a miscommunication.”

Islam said in that moment on the floor of the restaurant’s kitchen he feared he would die.

“I thought this was how my life was going to end,” Islam said.

A customer picked the man up off Islam and told him to leave, Islam said. “If it was not for him, I’d be dead,” Islam said.

Garcia, however, did not leave, Islam said.

“I didn’t know what he was going to do to the employees or the customers .. I got a gun,” Islam said. “The customer was asking him to leave; I was afraid for them. I had to shoot.”

Islam said he shot the man three times and then called police, who stayed on the line with him until an officer arrived.

The restaurant reopened that night.

Islam previously told AL.com his face was swollen, his body ached, and he struggled to sleep.

Islam is originally from Qatar and has long been a fixture of the popular dining spot near UAB where customers often asked for him by name. Islam said those who know him will likely find it shocking he took someone’s life.

“I never thought in a million years this would happen,” Islam said. “This will haunt me for the rest of my life.”