Charges filed in shooting at Taco Bell, employee allegedly shot over order error
Nicholas Gay has been charged with attempted murder/attempted intentional killing of another, battery by means of a deadly weapon, battery resulting in serious bodily injury, unlawful possession of a firearm by serious violent felon and a firearm enhancement.
Mishawaka Police were called to the Taco Bell on McKinley Avenue on March 6 around 11 a.m. for reports of a shooting.
An employee suffered a gunshot to the torso.
The victim told police he was returning from break when he saw two men arguing with the manager. He approached them and asked the customers to leave when he was shot, according to the probable cause affidavit.
The victim and witnesses told police the two men had been in the drive through, parked their car and then entered the restaurant complaining about their order, reports said.
Surveillance video showed the confrontation, including the victim asking the two men to leave, reports said.
An officer said the video showed Gay walking towards the door, turning around and shooting the victim, according to the probable cause affidavit.
The investigating officer sent photos of the suspect and his companion to local law enforcement. A short time later he was given the name of Nicholas Gay as the possible shooter and Michael Snyder as the companion, according to the probable cause affidavit.
Later on the day of the shooting, Snyder went to the emergency room for treatment of a gunshot wound, reports said.
The bullet that entered the victim ricocheted and struck Snyder in the arm, according to the probable cause affidavit.
Snyder then spoke with police about the incident at Taco Bell.
Snyder told police he, Gay and two women went to Taco Bell to eat. Their order was 'messed up' so Gay and Snyder went into the restaurant to get their food, reports said.
Because it was after 11 a.m., employees wouldn't serve Snyder breakfast so he requested a refund, reports said.
Snyder said he and Gay called the employees names and harassed them reports said.
Snyder also witnessed Gay shoot the employee and said he was struck by the bullet, too, according to the probable cause affidavit.
While driving from the scene, Gay allegedly said he needed to get rid of the gun and threw some items out of the vehicle, reports said.
After leaving the vehicle in a driveway, Snyder went to the hospital for treatment.
Investigators located the vehicle and searched the area for evidence. A firearm magazine was located near the intersection of Northwood and Leyte, according to the probable cause affidavit.
A warrant has been issued for Gay's arrest.