ORANGE COUNTY, Fla. – UPDATE: The woman involved in the crime has been arrested. Click here to read more.
A woman who was upset that her Burger King order took too long got a man to come to the restaurant and shoot one of the employees, according to the Orange County Sheriff’s Office.
Deputies said the shooting happened Saturday around 7:30 p.m. at the Burger King on the 7000 block of E. Colonial Drive.
When they arrived, deputies said they found Desmond Armond Joshua, 22, suffering from a gunshot wound in the parking lot. He was taken to an area hospital, where he was pronounced dead.
As part of the investigation, video was recovered that showed Joshua in a physical altercation with a male who had him in a headlock, according to the affidavit.
A witness said the restaurant was busy that night and the drive-thru was backed up, which caused customers to have to wait longer than usual.
One woman who was in line was mad about the delay so she got out of her vehicle and began yelling that she was going to have “her man” come to the restaurant, so an employee refunded her $40 and asked her to leave, records show.
The woman waited in the parking lot in her black sedan for a few minutes then drove away and returned with a white truck with a man identified as 37-year-old Kelvis Rodriguez-Tormes, who was demanding that Joshua fight him, deputies said.
A witness intervened to stop the fight when Rodriguez-Tormes put Joshua in a headlock and started choking him, according to the affidavit.
Deputies said after the witness pulled Rodriguez-Tormes off of Joshua, Rodriguez-Tormes then went to his truck and got the gun, telling Joshua, “You got two seconds before I shoot you.”
Shortly thereafter, Rodriguez-Tormes shot Joshua then he fled in the white truck while the black sedan also fled, deputies said.
According to investigators, Joshua had just started working at the Burger King a few days earlier. Officials said he was rushed to a nearby hospital where he died.
Records show both Rodriguez-Tormes and the woman were interviewed after the shooting.
Though their statements are mostly redacted, the report did indicate that Rodriguez-Tormes dismantled the gun used in the shooting and placed it “in a location which cannot be located.”
Rodriguez-Tormes is charged with first-degree murder with a firearm, destruction of evidence and possession of a firearm by a convicted felon.
Deputies said Monday that the woman Rodriguez-Tormes was with has not been arrested at this time.
Burger King released a statement Monday about the shooting.
“We are deeply saddened to hear of the tragic incident that took place at the Burger King on 7643 E. Colonial Drive and passing of team member Desmond Joshua,” Burger King North America President Chris Finazzo said. “At Burger King, the safety of team members and guests is our top priority. The franchisee who owns and operates the restaurant is fully cooperating with authorities on this matter. Any questions should be directed to local authorities.”
The Burger King McLamore Foundation exists to offer support to team members and their loved ones during incomprehensible times such as this. Our deepest condolences go out to Desmond’s family and friends during this difficult time.”