Man acquitted in 2023 Subway customer shooting charged with another gun offense

A man acquitted in December of attempted murder in the July 2023 shooting at a Bloomington Subway sandwich shop faces another gun-related charge for allegedly firing a handgun recklessly on the Fourth of July.

Sean M. Rivers, 23, is charged with criminal recklessness with a deadly weapon, a felony, and with false informing as a misdemeanor. Bloomington police arrested Rivers about 11:30 p.m. July 4 at his residence in the 500 block of West Northlane Drive after responding to a report of someone firing a gun near an apartment complex.

According to a police officer’s affidavit filed in the case, a nearby porch camera recorded video of Rivers firing a handgun four times into the tree line south of the area, toward Jackson Heights apartments and 17^th Street.

“While Sean was running back to (his apartment) I observed a small child on the porch of his apartment that yelled, ‘What are you doing?’" the officer wrote, adding Rivers “recklessly, knowingly, or intentionally discharged a firearm into an area that is heavily populated, creating substantial risk of bodily injury to another person.”

Police confiscated the Taurus-brand handgun. Rivers spent four days in jail ahead of his July 9 initial hearing before Monroe Circuit Judge Darcie Fawcett, who released Rivers on his own recognizance. A preliminary trial date was set for November.

In July 2023, Rivers was working at the Subway off North Kinser Pike when he got a handgun out of his backpack and shot a 51-year-old customer. Rivers and the customer had argued about the man parking his truck in front of the restaurant. Rivers said he shot the man in self-defense, claiming he lunged at him.

Rivers spent five months in jail before his two-day trial last December. Twelve jurors deliberated two hours before returning a not-guilty verdict. Rivers faced 20 to 40 years in prison had he been convicted.

The victim of the shooting has filed a lawsuit against Rivers and the Subway franchise owner, holding them responsible for serious and permanent injuries he received because of Rivers' "malicious, reckless, willful and wanton misconduct," the complaint states.

He is seeking punitive damages "in an amount sufficient to deter defendant, and others similarly situated, from engaging in such misconduct in the future and to serve the public's interest in preventing personal injury and property damage such as plaintiff has sustained."

Contact H-T reporter Laura Lane at llane@heraldt.com or 812-318-5967.