Burger King Employees, Customers Testify During Day Two Of Trial

by Mackenzie Stasko on January 16, 2014 at 4:16 am

Timothy Daniel, 34, of White Cottage, is accused of fatally shooting 61-year-old Charles Hooper inside the South Zanesville Burger King last October, and is claiming self-defense, but that’s not what eyewitnesses said during day two of his trial.

"I told my manager, Angie that was standing at the front desk, I said, ‘I know him, you need to call somebody, he’s psycho," Kayla Harrier, a Burger King employee said of the defendant.

Harrier said when Daniel walked inside, he started arguing with his then-girlfriend, Darlene Bender. Harrier and three other witnesses told the jury they overheard the argument, and said that’s when Hooper, a regular at the fast food restaurant, tried to intervene.

"Charles (Hooper) stood up and I heard him say, ‘you know, hey that’s enough,’ and that’s when he started to walk towards the gentleman (Daniel.)," said General Manager at the Burger King in South Zanesville, Angala Irvin.

While standing in line waiting to order breakfast before school, Brandon Davis said he witnessed the murder.

"I stepped back to see what was going on and at that time I witnessed a man punch, punch the older man and then brought a gun up and shot him," Davis explained.

Witnesses also told the jury Hooper was not the aggressor.

Russell Spring said, "The guy (Hooper) fell to the floor and he just kind of casually walked out and as he’s (Daniel) walking out, he pulls his hood up."

Forensic scientists, Muskingum County Sheriff Matt Lutz, detectives, and a paramedic who attended to Hooper, also testified on Tuesday.  Daniel, who is representing himself, cross-examined almost every witness. He is charged with aggravated murder and felonious assault, both of which carry a firearm specification, carrying a concealed weapon, and improper handling of a firearm. The trial will continue Thursday at 9 a.m.