Cops: Man beats up 69-year-old inside McDonald's

Updated:

Herbert Berganza

ORANGE COUNTY, Fla. - A man accused of beating up a 69-year-old man at a McDonald's faced a judge Sunday, who ordered he remain jailed.

Herbert Berganza, 20, started yelling obscenities and banging on the counter inside the Orange County McDonald's, deputies said.  When the victim told employees, Berganza started punching Stephen Kirchon, said authorities.

Investigators said Kirchon then went into the bathroom, and Berganza followed him.

Kirchon told authorities Berganza started punching him again, and Kirchon fought back in self-defense.  

Witnesses said they tried to help, and that Berganza was screaming he was going to sue everyone.

A witness stated that Kirchon was pleading for help, but Berganza refused to stop punching Kirchon.

Officers arrived and arrested Berganza, who authorities said made several spontaneous utterances while being transported.

They said Berganza stated that his hand hurt from punching Kirchon in the face. Officers stated that Berganza said he was going to sue everyone and he was going to make the officer lose his job for arresting him.

Berganza told the judge he became angry because someone stole his money.

Kirchon suffered a severe laceration to the right temple and complained of neck and back pain, but will be OK.