HENRICO, Va. (WWBT/Gray News) - An arrest on Halloween at a Waffle House in Henrico raises questions about using self-defense in the work place and how businesses should protect their employees.
Tywanta Taylor, 25, was working a night shift at the Waffle House on Williamsburg Road the night of Oct. 31 when a female customer reportedly came in acting unruly.
“She wanted to fight, and when she was escorted or she exited the building, she called her boyfriend,” Tywanta’s older brother, Marcus Taylor, said. “Her boyfriend came, and he wanted to fight my brother. He picked up a stick, a broomstick or something, and was swinging it at my brother, trying to fight him as my brother’s behind the counter. And then he left. He went and got his weapon, and he fired a shot into the building.”
Other customers were dining inside at the time.
Tywanta Taylor returned fire and hit the male shooter in the face.
“Had he not had a weapon, as his co-worker said, someone could have been hurt. Someone else innocent could have been hurt,” Marcus Taylor said.
Henrico Police said officers on scene “determined there was an exchange of gunfire between an employee and a customer. The shooting took place within the occupied business following a verbal argument.”
Officers said a gunshot patient matching the customer’s description had walked into a hospital, and that “charges were applicable against the employee.”
Police charged Tywanta Taylor with several crimes, including malicious shooting in an occupied building.
“The investigation into this incident is ongoing. We are unable to determine at this time whether this was a self-defense situation as this incident is pending trial,” the police statement said.
Marcus Taylor said he’s concerned that the customer who reportedly initiated the shooting has not been charged.
“He’s in the wind,” he said. “They don’t know where he is from what I’ve been told. I’ve never seen him. And I heard he was proud about what he did while my brother is sitting there in jail.”
A police spokesperson followed up, saying, “There is potential for additional charges related to other individuals involved. Henrico Police is not actively searching for those individuals.”
Tywanta Taylor has a legal gun permit but was not supposed to be armed at work.
“If you’re an individual working late at night, and you are at risk of this type of random violence, you know, just for doing your job, it’s really hard to fault someone for deciding that they will go there armed,” NBC12 Legal Analyst Steve Benjamin said.
Marcus Taylor said his younger brother would be called a hero under different circumstances, which is how his Waffle House family views him.
“They put it on social media and everything, saying he saved their lives,” Taylor said.
Marcus Taylor said his brother has never been in trouble before.
“He worked at Arby’s during the day and did nightshifts here at Waffle House,” Taylor said. “He has two kids, and he works to provide for his kids. He’s never been arrested. He’s never been in trouble. No charges, anything on his record. He doesn’t roll with a crowd. You know? He’s just with his family. He goes to check on my mom and take care of the kids. You know, that’s all he does.”
Tywanta Taylor is father to a 3-year-old daughter and a 1-year-old son.
“My nephew and my niece, they miss their dad,” Taylor said. “We had Thanksgiving without him. We’re looking at Christmas without him.”
Tywanta Taylor has a court-appointed attorney and is being held without bond until his trial, which is set for Jan. 9.
There are other Waffle Houses in the Richmond area with armed security to help control rowdy late-night crowds, but not at the one on Williamsburg Road.
It is up to the management at each location to make that decision.
A Waffle House’s corporate office representative said many locations have security but could not comment further.
“If the individual had to defend himself, then he certainly had that right,” Benjamin said. “But ultimately, I think the responsibility should fall on the employer to implement such measures that can be counted on to minimize or avoid this kind of violence.”
Benjamin said the responsibility far too often falls on the employees, creating a problem.
“You have folks who are working at minimum wage or possibly less late at night, being expected to protect other employees and workers from these random acts of violence that can occur at any time and especially late at night,” Benjamin said.
While the Occupational Safety and Health Administration issues guidelines for safe work practices, Benjamin said no laws require businesses to provide security.
“Several bills have been introduced over the years at the Virginia General Assembly to try and strengthen the protections against workplace violence,” Benjamin said. “But so far, that legislation has gone nowhere. And I think that everyone understands that this is a problem, a growing problem.”
Copyright 2023 WWBT via Gray Media Group, Inc. All rights reserved.
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