Lancaster Man Charged with Assault Over Burger King Toy

Sheila Berninger

Lancaster Man Charged with Assault Over Burger King Toy

Wilmington, DE- A 23-year-old Lancaster man has been charged with three counts of assault, malicious destruction of property, and disorderly conduct, as a result of his violent outburst at Burger King restaurant, 3100 Kirkwood Highway, on June 30. David Fowler, who has no criminal record, allegedly assaulted four Burger King employees and broke a store shelf that collapsed and nearly hit a small child. Fowler had been arguing with the drive-through cashier at approximately 6:15 p.m. over the cost of his meal and the cashier’s refusal to give him a kid’s toy from the movie “Chicken Run.” The cashier stated that Burger King policy is to only give kid’s toys to kids. Fowler, who has two children, was alone in the vehicle at the time. When the conflict was not resolved, Fowler parked his car, then entered the restaurant, shouting that he wanted the toy. He allegedly punched two male employees and threw a third over the ordering counter.
Assistant District Attorney Colleen McGinnis provided comment, representing the prosecutor in the case, New Castle County, DE. “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,” McGinnis said.
Fowler has been held in the New Castle County Detention Center since his arraignment on June 30. He did not post bail in the amount of $10,000.
Fowler’s attorney, New Castle County public defender Brian Bauer, Esq., says that he has been negotiating with McGinnis over a plea bargain for Fowler.
“He wanted the toy for his young daughter,” Bauer said. “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 added that if McGinnis agrees to a plea bargain, Fowler would plead guilty to two of the assaults. Adequate proof has not been shown whether Fowler punched or pushed one of the employees, Bauer said. Fowler would also pay for any damage costs the restaurant incurred as a result of his outburst, and perform community service in lieu of punishment for his disorderly conduct.
A preliminary hearing for Fowler, presided by County Judge Jane Dorton, will be held on Wednesday, July 18 at 10 a.m. in New Castle County Courthouse.