Sentencing set for Orlando man convicted of killing Burger King employee over slow service

1 year ago 437

Kelvis Rodriguez, 41, found guilty of manslaughter

Kelvis Rodriguez (Orange County Sheriff's Office)

ORANGE COUNTY, Fla. – An Orlando man who was convicted last month in the 2020 killing of a Burger King employee will be sentenced Friday.

Kelvis Rodriguez, 41, fatally shot 22-year-old Desmond Joshua on Aug. 1, 2020, at a Burger King in the 7000 block of E. Colonial Drive.

Prosecutors said the shooting happened after Rodriguez’s girlfriend Ashley Mason, now 34, became upset with the wait in the drive-thru, reportedly exiting her vehicle and threatening to have “her man” show up. Mason was refunded and left but later returned with Rodriguez, who arrived demanding to fight Joshua, according to investigators.

A witness stepped in once Rodriguez put Joshua in a headlock, an affidavit states. After the witness was able to separate them, Rodriguez reportedly went to his truck, retrieved a gun and told Joshua, “You got two seconds before I shoot you.”

Joshua was found shot in the parking lot, deputies said. He died at a hospital.

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Multiple witnesses reported that Mason pointed a firearm in the direction of Joshua and Rodriguez while they were fighting. She’s set to stand trial in February on two counts of aggravated assault with a deadly weapon, both of which she entered pleas of not guilty in September 2020.

An Orange County jury on Nov. 18 convicted Rodriguez — who faced a charge of second-degree murder in Joshua’s shooting death — of manslaughter, tampering with physical evidence and possession of a firearm by a convicted felon.

His sentencing hearing is set to begin at 11:45 a.m. Friday.

This is a developing story and will be updated.

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