A man faces charges after he allegedly provoked a fight with another man who was ordering food Sunday afternoon at a Mexican restaurant.
Randel E. Barber, 28, faces charges of assault and disorderly conduct following the dispute, according to police. The second man involved, Angel R. Hernandez, was not charged.
At 4:13 p.m., police responded to a report of a fight between two males at Fransisco’s Restaurant, located at 20850 North John Wayne Parkway, police said.
Officers contacted a male subject walking away from the scene, later identified as Barber, who matched the description of one of the men involved in the alleged fight in the restaurant.
Barber allegedly would not provide officers with his information immediately, but later identified himself and provided officers with his driver’s license.
According to a probable cause statement, Barber told officers that he was ordering food when the man in front of him mentioned he was gay. Barber added that he addressed the man and began the physical altercation by hitting him, and that he argued and motioned to hit him. Barber stated that the man swung and hit him.
Police contacted Hernandez, the second man involved, who had a different take.
Hernandez, who police say appeared to have mild injuries to his head, told officers that Barber had approached him while he sat and waited for his food, and that Hernandez had not spoken to, nor provoked Barber while ordering his food.
Hernandez stated that Barber had provoked a fight by motioning a punch twice, police said, adding that Hernandez said that he swung at Barber after he did the punching motion.
According to a probable cause statement, both witnesses and staff at the restaurant told officers that Barber had approached Hernandez, who was sitting down. They added that Barber had motioned to hit Hernandez, causing him to flinch.
Police said Hernandez agreed to aid in prosecution.
Barber was booked into Pinal County Jail, where he remained as of Monday afternoon, according to an online database.
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