On Thursday, a Cobb grand jury indicted Raouf Sanad, 63, of Alpharetta on charges of involuntary manslaughter and reckless conduct in the death of Wael Ali, 25, a close family friend of the restaurateur.
Sanad is owner of the Laziza Mediterranean restaurant and hookah bar next to the Strand Theatre on the Square.
Police said Ali was showing a gun to Sanad at about 10:30 p.m. on a Friday night while inside the kitchen area.
While handling the gun, police say Sanad pointed it in the direction of Ali and the gun fired. Ali was shot in the front of the neck near his throat.
Two Marietta police officers on foot patrol on the Square responded immediately to the sound of a gunshot at the restaurant, but it was too late.
Ali died at the scene.
Marietta Police spokesman David Baldwin said the officers interviewed several witnesses who all told the same story.
“It was a tragic accident,” Baldwin said.
Sanad has been in custody at the Cobb County Jail since his arrest Nov. 1 with an immigration hold on his release, meaning he does not qualify for a bond.
Sanad is an Egyptian national.
Ali moved to Marietta in 2012 after being tried in Howard County, the Maryland county between Baltimore and Washington, D.C., in the murder of his twin brother in 2007, according to the Baltimore Sun.
A mistrial was declared after 18 hours of unsuccessful jury deliberation, and though Ali remained the prime suspect in the case, prosecutors said they would no longer pursue murder charges.
The body of Ali’s twin, 19-year-old Wasel Ali, was found Aug. 27, 2007, in a wooded area of Columbia, Md. He suffered a neck injury and died of asphyxiation after several minutes of pressure having been applied to his neck.
Jason Shapiro, a former attorney for Wael Ali, told the Baltimore Sun that Ali had relocated to Marietta, “excited to have his life back” after dealing with the death of Wasel Ali.
He was back in school and “very optimistic about his future,” Shapiro told the Sun, but Wael Ali’s death sent the twins’ family back into mourning.
Deputy Chief ADA Jesse Evans is prosecuting the case for District Attorney Vic Reynolds’ office. The case has been assigned to Cobb Superior Court Judge A. Gregory Poole.
No arraignment hearing has been scheduled yet.