A Van Buren man who shot and killed a woman’s estranged husband in the parking lot at a Fort Smith mall was justified, according to Sebastian County Prosecuting Attorney Dan Shue.

A Van Buren man who shot and killed a woman’s estranged husband in the parking lot at a Fort Smith mall was justified, according to Sebastian County Prosecuting Attorney Dan Shue.

Fadi Qandil, 34, of Van Buren was shot and killed about 7:41 p.m. May 10 by 23-year-old Grayson Herrera, after Qandil opened fire targeting his estranged wife, Tabitha Qandil, and striking Herrera, according to a Fort Smith police report.

"It is the opinion of this office that Grayson Herrera was justified in his use of force and that this is a justifiable homicide which does not merit the filing of criminal charges," Shue said in written a Monday afternoon statement.

Herrera’s roommate, Dustin O’Conner, 27, also drew his weapon but didn’t fire.

Tabitha Qandil planned to meet friends including Herrera and O’Conner at Malco theater at Central Mall to see the 7:50 p.m. showing of "Neighbors" when her estranged husband, driven by friend Tamara Poe, pulled up and Fadi Qandil exited the vehicle and pulled a gun from his waistband, according to Tabitha Qandil’s statement to police.

Poe told police Fadi Qandil called her between 5 and 5:30 p.m. May 10 and asked her to drive him. After stopping at a convenience store, they returned to his body shop at 2901 N. Sixth St., where they changed vehicles, according to the report.

Poe then drove Fadi Qandil to Central Mall, and when he saw his estranged wife, he told Poe to pull over by Tabitha Qandil’s vehicle.

"She (Poe) said Frankie (Fadi Qandil) did not wait and jumped out of the vehicle prior to her stopping or pulling into a parking spot," according to the report.

As she pulled around to park, Poe said, Fadi Qandil walked toward Tabitha Qandil and two men to whom she was speaking — Herrera and O’Conner — and Fadi Qandil’s hand went toward the front of his waist.

"Poe said she did not see who shot first. Poe said Tabitha ran from behind Herrera and O’Conner and it looked as if Frankie (Fadi Qandil) tried to shoot Tabitha as she ran toward the Malco movie theater," according to the report.

O’Conner told police Fadi Qandil approached them and said "hey guys, what’s up," before pulling up his shirt, drawing a handgun later identified as a .380-caliber semiautomatic pistol, and firing shots at Tabitha Qandil and then at him and Herrera.

When O’Conner drew his weapon, Fadi Qandil was already on the ground, and O’Conner never returned fire. Both Herrera and O’Conner are licensed to carry a concealed handgun, according to the report.

Herrera, who was treated for wounds to his arm and chest, provided police an account similar to other witnesses.

Two nearby off-duty Fort Smith police officers responded to the shooting first, and disarmed a cooperative Herrera and O’Conner.

Fadi Qandil had seven gunshot wounds, according to a preliminary autopsy report from the Arkansas State Crime Laboratory.

Tabitha Qandil told police that when Fadi Qandil refused to pick up his children for visitation earlier May 10, he told her he was "going to get her" if he caught her out without their children, according to the report.

A Crawford County District Court judge granted Tabitha Qandil a protective order in February, at least in part, based on the threat of violence from Fadi Qandil.

O’Conner, who told police he was friends with Tabitha Qandil, said she told him previously her estranged husband had made threats toward her.

When investigators examined Tabitha Qandil’s phone, text messages from her friends indicated Fadi Qandil was using her Facebook account to contact men on her friends list "and would suggest that Fadi was tracking his estranged wife’s personal life," according to the report.

No bystanders were struck during the exchange of gunfire; police found 12 spent .40-caliber shells and two spent .380-caliber shells at the scene.

"Considering the totality of the circumstances, Grayson Herrera had a reasonable belief that Fadi Qandil was committing or about to commit a felony involving force or violence … and/or that Fadi Qandil was using unlawful deadly physical force," Shue’s release states. "It is clear from the investigation that Grayson Herrera was lawfully exercising his rights under Arkansas law by defending himself and/or other persons when he took the action that resulted in the death of Fadi Qandil."

While he understands the concern for weapons being discharged in the presence of so many people, Shue said Herrera could not retreat "with complete safety" and therefore acted lawfully.