DETROIT — Thomas McIntosh, 55, didn't have any weapons and never assaulted the 77-year-old security guard who shot and killed him.

He didn't have to.

Wayne County Prosecutor Kym Worthy says McIntosh presented a reasonable threat, enough to justify the guard's lethal response.

At 3 a.m. on Aug. 27, McIntosh entered his own apartment building on the 1100 block of West Warren.

"McIntosh appeared intoxicated and was extremely agitated when he walked toward the guard and threatened to physically harm him," a statement from the Prosecutor's Office says. "McIntosh was unarmed but continued to walk closer when the 77-year-old warned McIntosh against approaching, pulled out his registered handgun and held up his other hand to signaling McIntosh to stop."

McIntosh "had a significant height and weight advantage," according to the Prosecutor's Office, and "when McIntosh continued walking, the guard fired a single shot killing McIntosh."

"He honestly and reasonably believed the use of deadly force was necessary under the facts to protect himself from death or great bodily harm and he had no duty to retreat," according to the Wayne County Prosecutor's Office.

The guard remained at the scene awaiting the arrival of police. He said he acted in self-defense.

Two witnesses confirmed the guard's story.

“After weighing all of the evidence in this case we have determined that the actions of the security guard constituted a clear case of self defense,” Worthy said.