A Florida man on Friday was convicted with killing a Burger King employee after his girlfriend complained about the service, court records show. 

Kelvis Rodriguez, 41, was found guilty on charges of manslaughter, possession of a firearm, and tampering with evidence, according to court records.

Rodriguez shot 22-year-old Desmond Joshua, who at the time had been working the drive-thru line at the fast-food establishment in Orlando, around 7:30 p.m. on August 1, 2020.Kelvis RodriguezOrange County Sheriff’s Office

Deputies with the Orange County Sheriff’s Office arrived at the scene in response to a report of a shooting, the affidavit says. When they arrived, they found Joshua “on his back in the parking lot suffering from a single gunshot wound to the chest,” according to the affidavit. 

Emergency personnel immediately transported Joshua to the hospital, where he was pronounced dead. 

Joshua had only been employed at the Burger King for two days when he was shot, the affidavit says. 

On his second day at work, Joshua got into an altercation with a woman, identified in the affidavit as Ashley Mason, who pulled up to the drive-thru in a sedan, the affidavit says, according to surveillance footage reviewed by investigators.

Mason “appeared irate,” exited her car, and began banging on the drive-thru window, the affidavit says.

The Burger King shift manager at the time told investigators that orders were backed up, causing service delays. The shift manager refunded Mason, who was “particularly irate,” the affidavit says, but then she threatened to bring “her man” to the restaurant. 

Minutes later, a driver — identified in the affidavit as Rodriguez — pulled in a white truck and allegedly demanded that Joshua fight him. He allegedly began to choke him until the shift manager pulled the two apart. That’s when Rodriguez pulled out a gun and said, “You got two seconds before I shoot you,” the shift manager told investigators, per the affidavit. 

Rodriguez allegedly shot Joshua, who fell to the ground, the affidavit says, prompting the shift manager to call 911. 

He pleaded not guilty to all three counts, according to court records, and he is scheduled to be sentenced on December 1.


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