Man who shot subject in McDonald’s drive-thru will not face charges

HIALEAH, FLA. (WSVN) - A man who shot a subject at a Hialeah McDonald’s drive-thru will not be facing charges after investigators determined he acted in self defense.

According to police, a road rage dispute in the drive-thru line of a McDonald’s, Monday night, escalated to a physical attack by 21-year-old Sergio Hernandez and his girlfriend, 20-year-old Vanessa Puente, against 22-year-old Victor Hugo Saavedra.

The altercation occurred at a McDonald’s located at 1660 W. 68th St., at around 8:35 p.m.

According to the arrest report, the altercation started when Saavedra honked his horn at Hernandez, who was standing by the window talking to a McDonald’s employee. Officials said Hernandez had just walked up to the window and was having a conversation with the teller.

Puente, upset that Saavedra had honked his horn, ran up to his car and began to hit the driver’s side window.

The report further states that when Saavedra got out of his car, Puente started punching him in the face, and then Hernandez joined in, hitting him in the back of the head.

As Saavedra was being attacked by the couple, police said, he drew his concealed Glock 9 mm pistol from his waistband and fired one round at Hernandez, striking him in the left pelvic area.

Hernandez suffered a wound that was not life-threatening. He was transported to Jackson Memorial Hospital and is expected to be OK.

Tuesday morning, Puente faced Miami-Dade Circuit Court Judge Mindy Glazer. She was out on felony bond for an unrelated charge at the time of the altercation.

People who regularly drive around this area were stunned. “We walk around the neighborhood at night, and everything is fine,” said Javier, who was in the area, “so when things like this happen, though, it proves that anything can happen whenever it wants to.”

“What can you argue at a fast food place when you’re just driving through?” asked Luis Menduines, who was in the area. “You’re just trying to get your food and get out of here, so I don’t know. It blows my mind.”

The investigation revealed the shooting was an act of self-defense, and therefore, Saavedra will not be facing any charges. Additionally, Saavedra was properly licensed for concealed weapons carry in Florida.

Hernandez and Puente, on the other hand, are facing simple battery charges. Puente was slapped with an additional charge of witness tampering for slapping Saavedra’s cellphone away as he tried to call 911.

“This is because people honked their horn. OK,” said Glazer.

Saavedra declined to speak to a 7News crew on Tuesday.

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