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A Boynton Beach man is facing a simple battery charge following a confrontation that’s gone viral on social media.
Police say 47-year-old Brian McNary got into an argument with the owner of DJ’s Grill on 301 E. Boynton Beach Boulevard around 8:30 a.m. on Sunday, Nov. 11.
According to a police report, McNary admitted to getting upset because the service wasn’t fast enough, and threw a menu at the owner, 47-year-old Qamil Banushi, hitting him the face.
Banushi said he followed McNary out of the restaurant, and at one point McNary started to tense up and ball up his fist as if he wanted to fight.
Banushi said he felt threatened and lifted up his shirt, placing his right hand on his Diamondback DB9 9mm handgun, but never taking it out of the holster. Banushi has a concealed weapons permit for the gun, according to police.
According to McNary’s version to police, Banushi put him in a bear hug outside the restaurant, then took the handgun out of its holster, pointing it toward the ground and saying he would shoot McNary.
McNary told police that Banushi was extremely aggressive and he was concerned Banushi was going to shoot him, according to a police report.
"He told me if I didn't stop, he was going to shoot me," McNary told WPTV on Monday. "I thought he was playing, trying to scare me. But once I turned around, he had his gun out on me."
"I did not pull a gun out on this man the way he said," Banushi told WPTV. "The stories that are being said about me, it's not right, it's not fair."
McNary recorded the aftermath of the confrontation and posted the 3 minute video on Facebook, where it’s been shared more than 1,500 times.
According to a police report, an officer told Banushi he should never have chased after McNary, and that Florida’s Stand Your Ground law did not apply in this case because McNary was walking away from the restaurant.
McNary is now facing a charge of Simple Battery for throwing the menu that hit Banushi.
The State Attorney's Office is now investigating the incident.
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