Scuffle at Wilmington Burger King

Scuffle at Wilmington Burger King
by Geofree Capodanno

David Fowler of Lancaster, PA is being charged with three counts of assault, malicious destruction of property, and disorderly conduct following an incident at a Burger King restaurant located near Route 7 in Wilmington. Fowler, a father of two children, has no criminal record.

Around 6:15 p.m. on June 30, Fowler allegedly argued with a cashier at the drive-thru window and about the charge for his meal as well as not receiving Burger King’s promotional toy from the film “Chicken Run”. The cashier informed him that he could not give Fowler a toy because it was only supposed to be distributed to children. Fowler’s children were not with him at the time of the incident.

Purportedly, Fowler parked his car and entered the restaurant shouting to employees about not receiving the toy. Ostensibly, he proceeded to punch two male employees and even threw another employee over the counter. Parents and their children fled the restaurant during the struggle, especially after Fowler destroyed a store shelf that collapsed and almost hit a small child.

The prosecutor for the case, Assistant District Attorney Colleen McGinnis, could not justify the actions of Fowler given the circumstance. McGinnis explained, “All of 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.”

Brian Bauer, a public defender assigned to Fowler, spoke on his client’s behalf in a telephone interview. “He wanted the toy for his young daughter,” Bauer stated. “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?”

Bauer also explained that he is working with McGinnis on a plea bargain where Fowler would plead guilty to two of the assault charges, because it is uncertain whether Fowler punched or shoved one of the three employees. Fowler would also have to pay for the damage to the restaurant and perform community service hours for the disorderly conduct charge. McGinnis confirmed these ongoing negotiations with Bauer.

A preliminary hearing is scheduled before Judge Jane Dorton on July 18 at 10 a.m. Fowler is currently at the New Castle County Detention Center. He failed to post $10,000 bail following his June 30 arraignment.