Burger King Toy Mishap

Daniela DePaola
COM 380-002
Criminal Case Hypo 1

David Fowler, 23, of Lancaster, PA is charged with allegedly assaulting four employees at Burger King restaurant at approximately 6:15 pm on June 30.
Fowler, who has no prior criminal record was arraigned June 30 after allegedly arguing with a cashier at the drive through window. Fowler complained about how much he was charged for a meal, and was also allegedly angry at the fact the cashier wouldn’t give him a toy for one of his children, who were not with him at the time.
When the cashier told him the toys were only for children and couldn’t give him one Fowler parked his car and went into the restaurant. According to the employees he shouted he wanted the toy while the parents cleared the crowded restaurant of their kids.
Burger King employees said Fowler then punched two employees, threw a third over the counter, and broke a shelf, which collapsed and nearly struck a small child. It is unclear according to police records as to whether two employees were actually punched or if one was just pushed.
Fowler’s attorney, Brian Bauer, a public defender, said, “He wanted the toy for his young daughter. He became enraged when he realized he wouldn’t be able to get it for her. I’m not excusing what he did, but how would you feel if you were in his position?”
The prosecutor on this case is Assistant DA Colleen McGinnis. McGinnis said “All this for a toy? Have we become so obsessed with collecting things that we’ve forgotten how to act? Society shouldn’t tolerate this kind of behavior.”
Both sides acknowledge the fact that they are working on a plea bargain in which Fowler would plead guilty to two of the assault charges, agree to pay for the damage to the restaurant, and perform community service.
A preliminary hearing is scheduled before Judge Jane Dorton on July 18. Meanwhile Fowler is being held at New Castle County Detention Center after failing to make his $10,000.00 bail. Negotiations are still ongoing for a plea bargain.