Denny’s on 128th Street SE on Tuesday, May 31, 2022, in Everett, Washington. (Ryan Berry / The Herald)

Denny’s on 128th Street SE on Tuesday, May 31, 2022, in Everett, Washington. (Ryan Berry / The Herald)

Police: Everett customer shot Denny’s server in both legs

The server had already been knocked down when the gunman opened fire, according to Snohomish County deputies.

EVERETT — Three men were arrested in connection with an attack south of Everett that ended with a Denny’s employee shot Saturday.

The alleged shooter, a 21-year-old Everett man, was arrested for investigation of first-degree assault. Two others, both also 21, were booked for investigation of fourth-degree assault, a misdemeanor. Both of the misdemeanor suspects posted $1,000 bail and were released hours later. The alleged shooter was in the Snohomish County Jail on Tuesday with bail set at $250,000.

Around 5:20 a.m. Saturday, a server at the 24-hour diner on 128th Street SW asked three men to leave, a Snohomish County sheriff’s deputy wrote in a police report. The reason they were asked to exit was unclear. The staff member escorted them out, surveillance video shows.

As the employee, 23, turned to go back into the restaurant, he appeared to notice the 21-year-old Everett man had a weapon in his right hand. The staffer shoved the man, leading to a fight between the four men. One grabbed the employee from behind and tried to bring him to the ground as the other two stepped into help. The three of them repeatedly punched and kicked him, according to the deputy’s report. They hit the server enough that he stopped fighting.

As the employee was facedown on the asphalt, one of the suspects shot the man in each leg with his pistol, the security footage reportedly shows. The men then left the camera’s view, so it was unclear if they left on foot or in a vehicle.

When the deputy arrived, he found an employee who struggled to unlock the door to let him in “because she was shaking from experiencing the trauma,” the deputy wrote. The wounded man was in the diner’s kitchen.

Someone next to the employee had applied a handmade tourniquet, but it didn’t stop the bleeding, according to court documents. So the deputy applied his own. The wounded man also had a possible black eye.

The alleged shooter was arrested near Lake Tye in Monroe by a police sergeant who was there on a call for suspicious behavior. In a court hearing Tuesday, defense attorney Jason Lantz argued there was little evidence connecting his client to the shooting. Everett District Court Judge Pro Tem Noah Weil found probable cause for first-degree assault.

One of the other suspects, also from Everett, was arrested in early March after he allegedly punched two people in the face and pointed a pistol at others as people asked him to leave a home near Everett where he wasn’t welcome. Two days later, he was released from jail after posting bail, according to jail records. Prosecutors haven’t filed felony charges in that man’s case.

Jake Goldstein-Street: 425-339-3439; jake.goldstein-street@heraldnet.com; Twitter: @GoldsteinStreet.

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