ATLANTA — Investigators wanted to pursue murder charges against a security guard who got into a fight with a man at an apartment complex near the Georgia State University campus, however, the judge said no. The district attorney's office says they didn't get enough evidence for the judge to issue them. 

On Oct. 27 at approximately 6:30 a.m., officers responded to an unresponsive person call at 112 Courtland Street NE. The apartment building, One12 Courtland, is not affiliated with the University and is off-campus. 

Detectives responded and determined that the victim, who was not a student - but was staying with a student - was "drinking heavily with friends." 

When they returned to the building, the man, identified as 23-year-old Deionte Davis, got into an argument with a security guard, identified as Ian Mizer, that escalated into a physical fight.

During the fights, police said, Davis became unconscious and Mizer started CPR. He was taken to Grady Hospital where he was pronounced dead. 

The medical examiner's office ruled Davis' death was a result of compressions of the chest, and it was ruled a homicide, or a non-natural death.

RELATED: Man dies after fight with security guard at apartment near Georgia State

After "careful review" of the evidence and witness statements, police said investigators sought an arrest warrant from a Fulton County magistrate judge for a charge of involuntary manslaughter for Mizer, the security guard who struggled with Davis prior to his death.  

The judge declined to issue the warrants, police said. 

The Fulton County DA's office said that based upon the information provided to the ADA by the investigator, there was not enough evidence for a judge to issue arrest warrants for Mizer.

"Based upon a lack of probable cause, a Magistrate Judge ultimately denied the request to issue said warrants over the weekend. However, at no point during this phone call or any subsequent communication did the Fulton County District Attorney’s Office express to APD that it was declining to pursue charges against Mr. Mizer," Fulton County DA Paul L. Howard Jr. said. 

He said if and when police submit the case to his office, they will make a decision on how to proceed. 

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