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Testimony begins in Land O' Lakes chokehold death case

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By TODD LESKANIC | The Tampa Tribune

Published: June 17, 2009

DADE CITY - A civil trial stemming from the 2005 strangling death of a Land O' Lakes man boils down to two simple questions with complicated answers.

Should a business owner be responsible for the safety of customers? And, if so, to what degree?

Anthony Makowski died outside the McDonald's at 2420 Land O' Lakes Blvd. early on April 24, 2005. A fight that began in the drive-through line ended when Martin Robles-Taylor, a 25-year-old military veteran, put Makowski into a choke hold and held him there for several minutes.

Makowski, 21, of Land O' Lakes, stopped breathing shortly after deputies arrived and was pronounced dead at University Community Hospital in Tampa. In 2006, his parents, Cathy and Wayne Makowski, sued the McDonald's franchisee, Brickman Management Co., and the property owner, B&B Cash Grocery Stores.

The case reached trial this week and testimony began this afternoon. At issue is whether the area around the McDonald's had become a haven for crime before Makowski's death, making the violent fight foreseeable to both businesses. In short, Brickman and B&B should have hired a security guard to prevent just such an incident.

Attorneys for the Makowskis argue that the area had become a "bar on wheels" between the hours of midnight and 5 a.m., mostly because of a 24-hour drive through.

Bryant Blevins, an attorney for the defendants, said in his opening statement that the plaintiffs overstated the goings-on outside the restaurant and that the business owners shouldn't be held responsible for the actions of two adults.

"There is no history of similar violent crimes here," Blevins said. "Mr. Brickman's McDonald's and the B&B plaza are not a hotspot for violent crimes and everyone knows this."

Five former McDonald's employees called by the plaintiffs Wednesday gave varying accounts of the frequency and severity of the incidents around the restaurant. The five agreed that the lot had become home to partying young people who, in general, were not well behaved. Drinking, loitering, yelling and fighting were common in the late-night hours, they said.

Angeline Holland, a former manager, testified that she called police several times during her time working the late shift at the McDonald's. She told jurors about an incident when a man came to the door and asked to use the bathroom. She said she saw a gun on the man.

Another incident, which happened a week before Makowski's death, involved one customer threatening to kill the other. Again Holland called police. But she also testified she never saw any physical violence around the restaurant until the choking incident that took Makowski's life.

On cross-examination, Holland said she never knew Land O' Lakes to be a dangerous place.

Brothers Jeremy and Derek Williams, who were friends of Anthony Makowski and his parents, said there were times they felt unsafe in the parking lot. Both testified that the lot was a known hangout for Land O'Lakes young people looking for something to do.

"I witnessed quite a few fights," Derek Williams said. "I've seen people hit with beer bottles, and regular citizens of Pasco County drive through there and their cars get hit with beer bottles."

Brandon Kuhn, who worked at the McDonald's for more than three years, said he knew of the shenanigans that happened outside the restaurant in the wee hours . But Kuhn also testified that he only saw one fight other than the one between Makowski and Robles-Taylor.

Although the restaurant didn't employ security guards, the doors were locked between 10 p.m. and 6 a.m. and only the drive-through was open. That's why Holland was able to keep the man with the gun out of the restaurant. The man was gone by the time law officers arrived.

Reporter Todd Leskanic can be reached at (813) 731-8098.

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