By admin 
TUCSON, Ariz. (13 News) – A man is facing an attempted second-degree murder charge following a shooting that happened during an incident in the drive-through at the In-N-Out at North Cortaro Road and Arizona Pavilions Drive in Marana on Monday, Sept. 28.
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The Marana Police Department said 55-year-old Charles Whipple is also facing an endangerment charge. As of Tuesday, Sept. 29, he was being held on a $150,000 bond.
The MPD said the incident happened around 3 p.m. Monday, Sept. 28.
According to the interim complaint, the victim had been stopped in the drive-through for an extended period of time, and Whipple was in a vehicle two spots back.
The victim was allegedly asleep in the vehicle, and an In-N-Out worker tried to wake them up.
Whipple claimed he smelled alcohol on the victim and walked up to the victim’s vehicle when they finally drove from the drive-through to the parking lot.
An In-N-Out worker said they were trying to stall the victim so police could be called. The same worker told the MPD that Whipple approached her and told her to back away because “he didn’t want her to get hurt.”
According to the court documents, Whipple fired three rounds at the victim as they drove away. The victim was struck once and transported to a local hospital with injuries that were not life-threatening.
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During his initial court appearance, which can be watched below, Whipple said he served in the Navy and is a former police officer.
Investigators said Whipple was not in the path of the victim’s vehicle, the vehicle was not moving fast, and he was not in danger.
The MPD said there were multiple people on the patio of the restaurant, and that included small children.
Whipple told police that he heard an employee say “we can’t let him leave,” referring to the possibly drunk victim.
Anyone with information is asked to contact the Marana Police Department at [email protected].
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