BLOOMINGTON, Ind. — A Bloomington Subway employee who was charged with attempted murder after allegedly shooting a customer outside the restaurant in July has been found not guilty.
During a December trial, a jury acquitted Sean Rivers, who was 22 at the time of the shooting, of the attempted murder charge.
According to court documents, police were called to the Subway restaurant in the 1800 block of North Kinser Pike, near State Road 45 and North Walnut Street, around 1:30 a.m. on July 15, 2023.
Officers said 51-year-old J.D. Dyer Jr. was taken to the hospital with a gunshot wound to the chest.
Police said Rivers had fled from the shooting scene to his home, where police took him in to custody.
Rivers allegedly told officers that Dyer had parked his truck in front of the restaurant, and Rivers asked Dyer to move it. Rivers claims Dyer told him to mind his business, that Rivers wasn't the police, and the two began to argue.
"And he had walked in and I guess the employee didn't really like where he parked at," said Dyer's daughter, Joslyn.
Dyer went back out to his truck on the side of the building, while Rivers said he went and got his backpack with his gun in it.
According to court documents, Rivers said he then went back outside and continued to argue with Dyer and claimed Dyer grabbed his arm, so he shot him. Rivers then allegedly said he went into the restaurant to get his phone and other belongings and ran to his home in the 500 block of West Northlane Drive, about a half-mile from the Subway restaurant. Police claim they found Rivers' gun hidden behind his washing machine.
According to the court documents, Rivers told police he thought the shooting was self-defense because Dyer grabbed his arm.
Police interviewed another worker at Subway, who claimed Rivers had threatened Dyer several times during the argument, saying at one point: "I'll have you 86ed." The worker said Dyer was leaving when Rivers followed him out to continue the argument. The worker also said Dyer never threatened Rivers, according to court documents.
After three surgeries, time on a ventilator and nine days in the hospital, doctors said Dyer is making a remarkable recovery. His daughter said he's a fighter who nearly died just trying to pick up food for his family.
"Yeah, he is truly a miracle," Joslyn said. "He's probably the toughest person I know."
Police said a stranger stepped in to make sure Dyer survived after the shooting. Someone gave first aid until medics arrived, and the Dyer family would love to connect with that person who kept him alive.
"He had told him he needed to turn over, but he was mad at the person at the time because he didn't know who it was and said it was just really hard when he laid on his back to breathe. The guy who helped him said, 'You know what, I'm saving your life and that's what you're going to have to do until the ambulance gets here.' We definitely would like to thank whoever that was that tried to save him," Joslyn said. "Pretty much as soon as my dad woke up, that was all he was talking about, was wanting to meet whoever it was that helped him."
The family said they're also grateful for the financial support and prayers from the Bloomington community during Dyer's recovery.
