Tragedy happened at a restaurant in the US when a waitress asked a customer to put out his cigarette.
His response to her polite request to put out his cigarette was to pull out his gun and shoot her, Independent.co.uk reports.
Mississippi police say Johnny Max Mount shot 52-year-old Julia Brightwell in the head with a 9mm handgun at the chain restaurant in Biloxi. She was taken to nearby Merit Health Biloxi hospital, but died a short time later.
Mount, 45, from Biloxi has been charged with first-degree murder and is held on a $2m bond.
Biloxi Police Sergeant Donnie Dobbs said officers arrived at the scene of the shooting shortly after 1am on Friday. They say Mount was inside the restaurant and surrendered without incident.
Sergeant Dobbs said: “The individual was still sitting there and they took him into custody.”
Kelly Thrasher-Bruner, a spokeswoman for Waffle House, confirmed the Waffle House has a non-smoking policy.