Tuesday, February 15, 2005

Running "A-Fowler" Of The Law

By Ron Bishop
Befuddled Professor


A Lancaster, Pa. man June 30 allegedly assaulted four employees at a Burger King restaurant on Kirkwood Highway in Wilmington after an employee refused to give the man a promotional toy for his daughter.

The New Castle County District Attorney's Office has charged David Fowler, 23, with three counts of assault, malicious destruction of property, and disorderly conduct. At 6:15 p.m. on June 30, Fowler argued with a Burger King drive-through window cashier about the cost of his meal. He became angry when the cashier refused to give him a promotional toy for the movie, "Chicken Run."

The cashier told Fowler that the toys were only for children. Fowler, a father of two, was alone at the time.

Police allege that Fowler entered the crowded restaurant, and shouted that he wanted the toy. He allegedly punched two male Burger King employees, and threw a third employee over a counter. During the scuffle, Fowler also allegedly broke a display shelf, which collapsed and nearly struck a small child.

Patrons ran from the restaurant as the melee unfolded.

Brian Bauer, assigned by the county to represent Fowler, tried to explain his client's actions: "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?"

Assistant District Attorney Colleen McGinnis rejected Bauer's assessment, and said that Fowler's actions were unjustifiable. "All this for a toy," she said. "Have we become so obsessed with collecting things tht we've forgotten how to act? Society shouldn't tolerate this kind of behavior."

McGinnis and Bauer are working out the terms of a plea bargain. Fowler would plead guilty to two of the assaults, since it is unclear whether he punched or pushed one of the Burger King employees. Fowler would also agree to pay for the damage to the restaurant, and perform community service.

Fowler has no criminal record. He is being held at the New Castle County Detention Center after failing to post $10,000 bail at his arraignment.

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