LITHONIA, Ga. (CBS46) -- DeKalb County Police say a Subway employee who shot and killed one man and shot and injured another Monday night will not be charged.

However, the man who was wounded, Jeremiah Furlow, will be charged with felony murder and aggravated assault. He was placed in custody at a local hospital Tuesday.

The shooting happened around 8:40 p.m. Monday near a Game Stop and Subway on Panola Road in Lithonia.

According to DeKalb Police, the shooting started as an argument between the employee and the two men who were shot. Police said one of the suspects allegedly pulled a gun and pointed at the employee and asked him if he "want some smoke." One of the suspects then allegedly pulled a gun and pointed it at the employee who then pulled his gun and shot the suspects.

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