AUSTIN (KXAN) — A man is accused of robbing a customer while he was placing an order in the drive-thru at P. Terry’s on Ben White Tuesday.
Police say 21-year-old Melcolm Martin Lee approached the victim’s truck from behind, raised a replica assault rifle BB gun through the open driver’s side window and pointed it at the victim’s face.
A P. Terry’s employee who witnessed Lee threatening the victim spoke through the drive-thru speaker and said she was going to call the police, according to the arrest affidavit.
The victim later told police it was at that point Lee seemed to become desperate and the victim began to plea, “I’m young, I’m only 20. I don’t want to end it,” according to police.
Police say Lee then struck the victim’s head twice using the muzzle of the gun before the victim was able to grab the muzzle and pull the gun inside the vehicle.
The victim hit Lee in the head several times with his left hand while the two men struggled for control of the gun, police say.
The victim was able to take the gun away from Lee who then fled the scene on foot. The victim then chased Lee through a close-by neighborhood, according to the affidavit.
Police say the victim caught up with Lee and hit him several times with the gun until it broke into pieces.
Lee then ran away again but at this point police arrived and the victim then gave a description of what happened and Lee’s appearance, police say.
The affidavit describes the gun as a replica assault rifle BB gun that could easily be mistaken and a functional firearm that could cause serious injury or death and that the victim believed the gun to be real and feared for his life.
Melcolm Martin Lee is charged with robbery by threat, a second-degree felony, and evading detention on foot, a class A misdemeanor.