HUFFINGTON POST
10/16/2012 02:34 pm ET Updated Oct 16, 2012

Marshall Phillips and Destin McMahon, Wazzabi Restaurant Customers, Shot At By Owner After Sending Food Back

The bullets were on the house. A Winter Park, Fla., restaurant owner allegedly shot at two customers after they complained about the food and one of them didn't pay a $19 bill, reports WFTV.

James Marshall Phillips and Destin McMahon, the two diners, told the station they complained to the server at Wazzabi Japanese Steakhouse and Sushi Bar about the food and service Sunday night. The server began screaming at them as other shocked patrons looked on. Phillips paid his $13 bill but McMahon refused to pay his $19 tab because he had sent back nearly the whole dish, he said to the news crew.

The two walked to their car, followed by Quoc Trong Tran, the owner, and Hoai Trong Tran, the chef. "We didn't get like maybe 10 feet before the manager started harassing us, chasing us, yelling at us," said McMahon to WDBO.

When they fled in their car, said Phillips, "the guy comes and just rips the door open." Then, "the bigger gentleman that came out with him, the boss, kicks [huge dents in the car]," added McMahon. "They immediately, 'Boom!' start pounding on the back, there's dents all here."

As they backed out of the parking lot to flee, Phillips said he heard two gunshots. Police later recovered a bullet from the car's rear bumper, along with another .22 shell casing. According to WKMG, the owner told police he only fired because he thought Phillips was attempting to run him over.

Quoc has been charged with aggravated assault with a deadly weapon, while the chef, Hoai, faces criminal mischief charges.

The owner said he asked the two diners to leave after they raised a ruckus, according to the Sentinel. Then both he and Hoai Tran explained to police that after one of the men didn't pay, they were trying to stop the diners' getaway until police could arrive. They said they began pounding the car because Phillips was trying to run them over.

Phillips, who plans to sue the restaurateur and the chef, wasn't buying it. He wasn't charged either.

"They could probably shoot and kill us -- all over $19," he told the TV station.

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