A 22-year-old man is dead after being shot to death at an Orlando Burger King three days after he started his new job there. The reason: a dispute about the food taking too long. However, the accused shooter wasn’t even the person inconvenienced by the long wait time.
According to the arrest affidavit, a woman named Ashley Mason was waiting for food in the drive-thru line at the fast-food restaurant. A witness told police that the drive-thru where Desmond Joshua Jr. was working that night was backed up, and Mason was especially “irate” about it. The witness said Mason got out of her car, yelling and making a threat to bring “her man” to the Burger King.
At that point, management refunded her money and told her to leave. According to the arrest report, Mason parked the black sedan she was driving and sat in the parking lot for about five minutes, then left and came back along with a white truck only a couple of minutes later. That truck was driven by a white man who “demanded to fight” Joshua. The man was later identified as the accused shooter, 37-year-old Kelvis Rodriguez-Tormes.
By now, cell phones were out and a video captured some of what happened. The arrest report says witnesses and a video show “the male placed Desmond Joshua, Jr. into a headlock and began to choke him.”
A witness stepped in and broke up the fight, but it wasn’t over.
A Witness Told Police Rodriguez-Tormes Said, ‘You Got 2 Seconds Before I Shoot You’
Last night, Desmond Joshua, 22, was shot and killed in the parking lot at the Burger King on E. Colonial Dr., where he just started working. Detectives arrested Kelvis Rodriguez-Tormes, 37, on charges of 1st Degree Murder, Destruction of Evidence & Possession of Firearm by Felon pic.twitter.com/gIVJeFGGGR
— Orange County Sheriff's Office (@OrangeCoSheriff) August 2, 2020
According to the affidavit, “At that time, [a witness] saw the unidentified white male arm himself with a handgun, enter the driver’s seat of the white truck, lower the window, and overheard him state, ‘You got two seconds before I shoot you.'”
Shortly thereafter the witness said he heard a shot and saw Joshua fall to the ground in the parking lot.
According to the Orange County Sheriff’s Office, they responded to a call about the shooting at about 7:30 p.m. Saturday night and found Joshua, who they described as a black male in his 20s, lying in the parking lot with a gunshot wound. He was taken to the hospital but pronounced dead upon arrival.
Days after Rodriguez-Tormes Mason Was Arrested, Mason was Charged With 1st Degree Murder and Aggravated Assault With a Firearm
After the shooting Mason and Rodriguez-Tormes quickly left the scene in their respective vehicles, but deputies tracked them down.
The initial arrest report released says Mason was interviewed about what happened that night, but her interview was redacted. An Orange County Sheriff spokesperson told Heavy that no charges were filed against the woman at that time.
However, on Aug. 5, four days after the shooting, police charged Mason with 1st Degree Murder and Aggravated Assault with a Firearm.
The affidavit says Rodriguez-Tormes “dismantled” the gun that was used and hid it. It also points out that he didn’t call 911 after the shooting.
Rodriguez-Tormes is a convicted felon, according to the arrest report, so it was illegal for him to possess a gun. He is charged with first-degree murder with a firearm, destruction of evidence and possession of a firearm by a convicted felon.