AUSTIN (KXAN) — A man is facing a second-degree felony charge of aggravated assault with a deadly weapon after police say he pointed a loaded gun at one of his delivery customers, an affidavit filed Tuesday says.
The affidavit says on Sept. 8, a driver with Favor, a popular delivery service by smart phone app, arrived at the Texas Rowing Center with food for a customer, well after the initial arrival time stated in the app, the affidavit says.
The customer sent several texts to driver asking about his food, the affidavit says, and the driver, later identified as Thomas Alexander Gray, 29, became annoyed with the customer.
When Gray pulled into the parking lot with the customer’s food, the affidavit says he had a semi-automatic handgun in his lap. The customer told police Gray then grabbed the gun with one hand, and a loaded magazine with the other. The affidavit says Gray chambered a round, then waved the gun at the customer saying something similar to, “You wouldn’t like it if someone rushed you, would you?”
According to the affidavit, Gray also said something similar to, “You really shouldn’t rush people because it might ruin their day.”
The customer said he was “frozen with fear,” when everything happened and thought he was going to be shot and killed, the affidavit says. It says Gray handed the customer his food, then drove away after the incident.
Favor says it prohibits its drivers from carrying guns on the job and blocked Gray’s access to the app that same day, when the customer reported what happened.
APD says its detective working the case attempted to contact Favor in September but did not receive a response until mid-October.
However, Favor told KXAN a detective reached out to its customer support line in late September, with a support representative responding the same day, referring the detective to the company’s safety team. Favor says its safety team worked directly with the detective through mid-October.
APD says Favor eventually provided information that helped identify Gray as the driver.
Detectives issued a warrant for Gray’s arrest five months after the incident, on February 10. He was located and arrested that same day.
“That, I find very concerning,” said Davis Colwell, who’s the equipment manager at Texas Rowing Center. He said he was concerned back when the incident happened and was shocked to find out an arrest was never made until months later.
In a response, a spokesperson for APD said, “Involved cases like these that involve multiple entities which have evidentiary information can take more time to work through.”
APD added, “Response times from any app-based services can vary depending on the case and request.”
According to jail records, Gray is listed as being in custody at the Travis County Jail.