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Jury finds Orlando man guilty of manslaughter in killing of Burger King employee over slow service

Kelvis Rodriguez, 41, will be sentenced in December

Kelvis Rodriguez (Orange County Sheriff's Office)

ORANGE COUNTY, Fla. – An Orlando man who faced a charge of second-degree murder in the 2020 shooting death of a Burger King employee over slow service was found guilty of manslaughter Friday by an Orange County jury, court records show.

Kelvis Rodriguez, 41, is accused of fatally shooting 22-year-old Desmond Joshua on Aug. 1, 2020, at a Burger King in the 7000 block of E. Colonial Drive. According to a witness, the drive-thru was backed up that night, leading to longer wait times for customers.

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Prosecutors said that Rodriguez opened fire after his girlfriend, Ashley Mason, became upset while waiting for food. Mason allegedly exited her vehicle and yelled about how she would have “her man” come to the restaurant before the shooting occurred.

Mason was reportedly refunded $40 and asked to leave, which she did, but investigators said she returned with Rodriguez, who demanded to fight Joshua.

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Multiple witnesses said that Mason pointed a gun in the direction of the altercation that began between Joshua and Rodriguez. Mason was also accused of providing Rodriguez with the gun that he ultimately shot Joshua with before she and Rodriguez drove off.

Joshua was found suffering from a gunshot wound in the parking lot, deputies said. He died at a hospital.

Rodriguez on Friday was found guilty by an Orange County jury of manslaughter, tampering with physical evidence and possession of a firearm by a convicted felon. His sentencing hearing is scheduled for Dec. 1, records show.

Mason was arrested shortly after the shooting to face charges of principal to first-degree murder and aggravated assault with a firearm. At latest, she’s set to stand trial in February on aggravated assault charges.


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