MEMPHIS, Tenn. (WMC) - A man accused of shooting at a McDonald’s drive-thru during a dispute over his drink will spend a year on probation.
Tyquan Hall, who boasted that he had a permit to carry a gun according to a police affidavit, also had his Tennessee handgun permit suspended Friday.
The incident happened in the early morning of Jan. 15 at the McDonald’s on the Highland Strip.
According to a police affidavit from his arrest, Hall and a passenger drove the wrong way into the drive-thru and yelled at the clerk over a Sprite that was missing from their order. Another employee asked them to pull around to the other window to get the drink, but someone in the car told the worker to come outside.
Hall allegedly shouted, “Step up to my car, I’ve got a gun permit,” before the worker heard a gunshot, according to the report.
A McDonald’s manager was able to take down the vehicle’s license plate, which led police to Hall.
The 22-year-old was initially charged with aggravated assault, though prosecutors downgraded the charge to misdemeanor assault during later court appearances.
“There were conflicting accounts that made proving [aggravated assault] unlikely,” said Larry Buser with the Shelby County District Attorney’s Office.
“Every case is based on its own merits” and Hall had no prior criminal convictions, Buser added.
A judge granted Hall’s request for a one-year diversion Friday, meaning the case could be brought back if Hall is arrested again.
Diversion does not include any stipulations about a defendant possessing a gun, Buser said.
However, a spokesman for the Tennessee Department of Safety and Homeland Security said the agency is regularly notified about arrests and convictions involving people with handgun carry permits.
State law requires the department to suspend or revoke permits for people who have been convicted of a felony or “arrested for a felony involving the use or attempted use of force.”
Hall can have his permit reinstated at the end of diversion, provided the case is dismissed and there are no other prohibiting charges on his record, a spokesman said.
A new background check would be run when Hall applies for a duplicate or renewal permit.