GRAND RAPIDS, Mich. — No charges were filed against a customer who Wyoming police say assaulted two teenage employees at Burger King.
Kent County prosecutor, Chris Becker, announced the decision Friday morning during a news conference.
The alleged assault happened Sunday, Sept. 4, at the Burger King on 28th Street in Wyoming.
Michaelia Pinela, whose 17-year-old daughter, Isabela, was hurt during the altercation, says she's shocked, disappointed and appalled by the decision.
The prosecutor's office released surveillance video from inside Burger King that shows customer David Zambrana in the drive-thru that afternoon.
"For whatever reason, he's not satisfied with [his soda]. He kind of swats it down. Knocks down the cup," said Becker.
Instead of driving away, Becker says Zambrana goes inside the restaurant and confronts the employees, including Isabela who is a shift manager.
At one point, he leapt over the counter to grab a cup, fill it up, then pour the drink all over the floor which Becker says was 'disturbance of a business.'
Isabela then throws an iced coffee at him which Becker says was 'assault.'
Cell phone video captures Zambrana throwing a drink back at Isabela which was also assault, then he's seen heading out the first door.
"As he goes out, he tries to shut the door and she goes flying through and it looks like a UFC flying jump kick," said Becker.
The two get into a fight with the other employees joining in.
Becker says both parties were involved in a mutual fight, essentially nullifying any charges.
"He's heading out the door. They can lock the door after he's out. It's not like anything's going to happen," said Becker. "This was an aggressive pursuit. They get injured during this fight, but there's nothing that I would charge aggravated assault. We just can't prove that on a sufficient basis."
Isabela told 13 ON YOUR SIDE earlier this week that she wasn't chasing Zambrana. Instead, she was trying to lock the second door after him because the first one doesn't lock. Zambrana then picked her up and body slammed her which knocked her unconscious, punched and kicked her, according to Isabela.
"If you slow down that video, you'll see when my daughter gets halfway through the first door, he's already turned around and he bends down and starts to scoop her up," said Michaelia Pinela, Isabela's mother. "When he scoops her up, then you'll see my daughter's hand go and hit him, strike him in the back."
A second victim, a 15-year-old employee, suffered a broken jaw after being punched in the face and had to have surgery.
Pinela believes Zambrana needs to be held accountable in some form or fashion. She wants the state Attorney General involved and is considering filing a civil suit against the customer.
"By no means am I condoning his behavior," said Becker. "This would've been avoided if he just drove away after not getting the service he wanted at this Burger King."
"What you just sent to this community is that you can treat these people [in the food service industry] however you want," said Pinela. "You can berate them, throw pop on them, you can come into their restaurants and do whatever you want, but the minute they react, you have the right to beat them up. That's the message they just sent to the community."
Zambrana told 13 ON YOUR SIDE off-camera that his behavior was uncharacteristic of him. He didn't intend for the situation to unfold the way it did and he's sorry it happened. He also apologized to the teen employees he hurt.
He then referred us to his lawyer for any further questions.
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