According to court documents, at around 10:50 p.m. on Feb. 21, the Mishawaka Police Department responded to the Arby's at 710 W. McKinley Ave. for a reported shooting. 

When they arrived, they found the victim laying on the ground next to his car, "bleeding profusely from injuries to his head and torso." 

Officers located a Smith & Wesson 9mm semi-automatic handgun underneath the victim who was transported by Mishawaka Fire Department EMS to the Memorial Hospital ER.

Court documents say that officers informed that a second man, later identified as Maxie, had walked into the same ER claiming he had been shot.

Officers were told that Maxie was dropped off at the ER in a black Chevrolet Equinox, the same vehicle that a witness from the Arby's says they saw at the scene of the shooting.

As a result of the shooting, the victim lost their left eye and was paralyzed from the waist down. Maxie had been shot once in the torso.

Detectives interviewed seven witnesses from the Arby's who said that Maxie and two friends were parked in a Chevrolet Equinox at the Arby's parking lot and one of the friends entered the restaurant while Maxie and another friend waited in the Equinox.

"A short time later, a Ford Focus pulled into the parking lot. There were two males and two females in the Ford Focus. Maxie exited the Equinox and displayed a firearm," court documents show. "Maxie approached the driver of the Ford Focus and began banging on the window with his gun and yelled for the driver to 'Get Out!' The driver of the Ford Focus, [and eventual victim] exited the vehicle."

That's when witnesses said they then heard multiple shots.

Police say the ballistics of the guns found at the scene, along with a total of six shell casing found corroborate the witness' stories. 

The next day, officers interviewed Maxie at the hospital where he confirmed that he had approached the vehicle and banged on the windows with his gun, and that he and the victim exchanged gunfire.

At the time of the shooting, Maxie was already on a pretrial release / pretrial diversion program stemming from a Sept. 20, 2023, charge of Disorderly Conduct - unreasonable noise. 

Maxie is facing three charges related to the shooting:

• Aggravated Battery use when the assault poses a substantial risk of death
• Battery by Means of a Deadly Weapon
• Battery Resulting in Serious Bodily Injury

Maxie will have an initial hearing on March 26.