Man gets probation for Sartell McDonald’s fight

An October McDonald’s fight not only resulted in a stinky ride to the Stearns County Jail, but also a criminal sentencing.

Judge Karl Schmidt on Thursday sentenced David Berra of Sartell to 90 days in jail and one year probation. Eighty-seven of those 90 days in jail are stayed pending Berra successfully completing probation. He was given credit for the remaining three days for time already served.

Berra was arrested on Oct. 8 for hitting a police officer and disorderly conduct at the Sartell McDonald’s.

Berra, who pleaded guilty, ordered dinner from the fast food restaurant. He wanted to watch the staff make his meal. When Berra, who recently turned 50, went into the restaurant’s kitchen, he was told only staff was allowed there, according to reports.

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Court records allege Berra refused to leave the kitchen at first and became aggressive when the employee came back with a manager. The situation allegedly escalated to Berra shoving the McDonald’s manager twice, using obscene language and threats.

A Sartell Police Department officer arrived at the McDonalds at roughly 4:30 p.m. to find employees and customers standing in the parking lot, according to the criminal complaint. When the officer responded to the scene, the complaint states, Berra kept walking toward the officer despite being told not to.

The officer then dispatched his Taser at Berra, according to the court filing. Upon recovering from the stun gun, he walked toward the parking lot as another officer entered the restaurant. The officer once again used a Taser on the convicted defendant as he was trying to leave.

Berra defecated on himself after being hit from the stun gun the second time, court records state. He was taken under custody and kept at the Stearns County Jail for three days until he was released on bail, according to a release order.

Placing Berra under arrest proved to be difficult for the responding officers, court records state. Berra allegedly hit one officer when he kicked backwards at him. Records state he threatened to headbutt the authorities and kick out the squad car’s window.

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In addition to probation, Berra was ordered to undergo substance abuse and mental health assessments, according to Schmidt.

The court also barred Berra from entering the Sartell McDonald’s and contacting the case’s victims.

Berra was convicted of misdemeanor charges for assaulting a peace officer and fifth-degree assault, according to court records. Additional charges for obstructing the legal process, disorderly conduct and another fifth degree assault were dismissed.

Berra previously pleaded guilty to a 2021 misdemeanor disorderly conduct charge, which, according to a sentencing order, he served three days in jail and paid a $1,000 fine for.

The 2021 incident took place at the Kwik Trip at 105 Second St. S. in Sartell. A police report states Berra was yelling profanities at a customer and pushed someone who tried to intervene.

Corey Schmidt covers politics and courts for the St. Cloud Times. He can be reached at cschmidt@gannett.com.

This article originally appeared on St. Cloud Times: McDonald’s fight lands Sartell man a 1-year probation sentence

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