Family of man shot to death at Louisville Olive Garden says he was victim of hate crime

LOUISVILLE, Ky. (WDRB) — Family members of a man shot to death at a Louisville Olive Garden over the weekend are speaking out, saying there's more to the story than what people are hearing.

In a Wednesday morning news conference, family members of 25-year-old Jose Munoz say it was a hate crime because of the language the suspect used before the shooting.

"One of the children bumped the gentleman," said Donna Munoz, Jose Munoz's sister-in-law. "They apologized to him. He gave them a dirty look. Shortly after, one of the children bumped him again. And he starts with some racial slurs: 'Go back where you came from!' and some other things.

"We truly believe in our hearts, from what we've heard, this is a hate crime."

On Saturday night, Jose Munoz was shot and killed during a confrontation inside the Olive Garden restaurant on the Outer Loop.

Jose Munoz (man killed at Louisville Olive Garden) — Jose Munoz

DeVone Briggs was arrested and charged with murder, tampering with evidence and possession of marijuana.

But Munoz's family members believe this was a hate crime and say the suspect used a number of racial slurs.

Family members have also been told Munoz was trying to breakup a confrontation between a friend and the suspect when he was shot.

Donna Munoz said, "From what I'm told, it all happened so fast, within 30 seconds, he was on the ground."

"That scares me even more," said Jessica Kennon, a close family friend. "I don't want violence in my community and I definitely don't want hate crimes in my community."

Through his attorney, Briggs claims he shot Munoz in self-defense, but family members say Munoz was a peacemaker and proud father.

"He is not a confrontational person, he is not a violent person, you can rarely get him to say too many words," said Donna Munoz.

The victim's brothers were all still clearly griever, but one by one, they shared their thoughts and feelings.

"He wasn't famous, he wasn't an artist, he wasn't a singer," said Efrain Munoz, Munoz's brother. "But he was a very loved person."

Currently, the case has not been called a hate crime. The Commonwealth's Attorney's Office will have the final say on that issue.