Judith Black: Florida Woman Faces Felony in Racist Burger King Whopper Attack

Judith Black is a Florida woman accused of throwing a Whopper at a Burger King employee and unleashing racist slurs because she was mad about the thickness of a tomato. Black was arrested on April 30, 2021, in Wildwood, Florida, near her home in The Villages, according to a police report obtained by The Smoking Gun.

The 77-year-old woman was arrested by the Wildwood Police Department and booked at the Sumter County Jail before being released on bail, according to records viewed by Heavy. It was not immediately clear if she has hired an attorney who could speak on her behalf and Black could not be reached for comment by Heavy.

The incident occurred about 6 p.m. at the Burger King restaurant at 5845 Seven Mile Drive in Wildwood, according to the police report. Black was charged with battery, according to Sumter County court records.

Here’s what you need to know about Judith Black and the Burger King incident:

1. Black Called Multiple Burger King Workers ‘Black N******’ Before Throwing the Whopper, Witnesses Told Police

GettyJudith Black is accused of throwing a Whopper at employees and of using racist slurs.

According to the police reported obtained by The Smoking Gun, Westwood Police officers were dispatched to the Burger King restaurant for a disturbance. The suspect, later identified as Judith Black, had already fled the scene when officers arrived.

The victim, a Burger King employee, told police, “an older white female … was not satisfied with a Whopper sandwich she had ordered and was yelling at her at the ordering counter,” according to the report. Police said the worker added, “She stated that she informed Mrs. Black that she could help her if she would stop yelling and turned around. As the victim turned around, Mrs. Black proceeded to throw the Whopper at her, striking her in the back, just below her neck against her will. Mrs. Black then walked out to her vehicle, followed by her husband, and left. The victim stated that Mrs. Black said, ‘Shut up you Black b****.’ The victim stated that when her and her coworkers walked outside she heard Mrs. Black call her a ‘n*****.'”

Police said in the report that multiple witnesses, including a manager at the Burger King restaurant, a second employee and a customer, independently confirmed Black’s statements. The manager told police Black called the victim a “Black n*****” and said “F-U” when she was “storming out of the restaurant,” according to the report. Another witness said Black yelled, “F*** you Black n******” and said “Black n******” a second time before leaving, the police report said. The officer said he confirmed by watching surveillance video of the incident that Black threw a Whopper at the employee, the report said.

2. Black Fled From the Scene in Her Husband’s Truck & Admitted to Throwing the Burger After Police Tracked Her Down, According to the Report

GettyJudith Black is facing felony charges in the Burger King incident.

Police said in the report that they were able to run the license plate from the pickup truck and identified the owner as Judith Black’s husband, Charles Black. She and her husband had returned home while the officers were at the scene, according to the report.

Police said in the arrest report they were able to confirm Judith Black was the person in the surveillance video by looking at her driver’s license photo. The officers then went to Black’s home to interview her, according to the report, and she spoke to them after being advised of her rights.

According to the report, “Mrs. Black stated that she understood her rights and was willing to speak to me. Post-Miranda she stated that she was upset about the thickness of the tomato on her sandwich and confronted the victim at the counter. She stated that she was angry that the victim was not fixing the issue and ‘had the burger in my hand and tossed it at her.’ When asked, Mrs. Black stated that she did hit the victim with the burger. Mrs. Black also stated that she called the victim a ‘stupid Black b****.'”

Police did not say in the report if Black was angry about the tomato being too thick or not thick enough.

3. Black Was Charged With a Felony Because of the Racist Slurs She Used, Police Said

Sumter County SheriffJudith Black pictured in her mugshot.

According to the police report, Black would have been charged with misdemeanor battery for throwing the Whopper at the Burger King employee, but because she used the racist slurs, the charge was upgraded from a first-degree misdemeanor to a third-degree felony because of evidence of “prejudice” while committing the offense.

According to Florida law, a third-degree felony carries a potential sentence of up to 5 years in state prison.

The statute that allows for police to upgrade the misdemeanor charge to a felony is known as the “hate crime statute,” according to the Meltzer & Bell law firm. The law was passed in 2020. It states, “The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim … A misdemeanor of the first degree is reclassified to a felony of the third degree.”

4. Black Is Originally From Texas & Moved to The Villages With Her Husband in 2015

GettyResidents dance in the square of the Villages retirement community outside of Orlando, Florida on October 4, 2016.

Black is originally from Mansfield, Texas, according to public records obtained by Heavy. She and her 86-year-old husband moved from Texas to The Villages, Florida, in 2015, public records show.

The Villages, a planned community that is self-described as “Florida’s friendliest active 55+ retirement community,” was recently the subject of a documentary, Some Kind of Heaven. According to The Washington Post, the community has gained attention in the political world nationally because it is “is 98.3 percent white” and “registered Republicans outnumber Democrats 2 to 1.”

In 2014, BuzzFeed News wrote, “Boasting 100,000 residents over the age of 55, The Villages may be the fastest growing city in America. It’s a notorious boomtown for boomers who want to spend their golden years with access to 11 a.m. happy hours, thousands of activities, and no-strings-attached sex, all lorded over by one elusive billionaire.”

5. Black Was Released 4 Hours After Her Arrest After Posting $2,500 Bond

Sumter County SheriffJudith Black was released on bail.

Black was booked into the Sumter County jail at 8:34 p.m. on April 30 and was released at 12:40 a.m. on May 1, according to online records. She posted $2,500 bail.

It is not clear when Black is scheduled to appear in court. The affidavit and other details about the case were filed on May 3, 2021, but had not been made public as of May 4.

The Wildwood Police Department and Burger King have not commented about the incident. Black and her husband have also not released a statement about the arrest.

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