Man charged in Norfolk McDonald’s shooting pleads guilty to lesser charge

NORFOLK, Va. - A man accused of shooting another man inside a Norfolk McDonald's on June 28 was sentenced for a lesser charge on Tuesday.

Stephan Hayes

Stephan Hayes was arrested on June 28th after police say he shot the man inside of the McDonald's on Princess Anne Road near Park Avenue. He was originally charged with malicious wounding and use of a firearm in commission of a felony.

He was released on a $15,000 bond on July 6.

On Tuesday, his malicious wounding charge was dropped and his firearm charge was lessened to a misdemeanor, to which he pleaded guilty.

He was  sentenced to 12 months, but the Commonwealth's Attorney says  11 months and 23 days of that is suspended. The seven other days are covered by the time he already served when he was awaiting a bond hearing.

The judge ordered Hayes to stay away from the victim and told him he needs to remain on good behavior.

During his bond hearing, Hayes' attorney argued that the shooting was in self defense. Hayes claims he was inside the McDonald's when a 38-year-old man, who Hayes is acquainted with,  approached with a bag. Inside the bag was a long crowbar.  According to Hayes' attorney, he shot the man when he did not stop approaching him. Hayes had a permit to carry a firearm.

The Commonwealth Attorney's Office says there is video of the incident from inside McDonald's. They say Hayes appears to be the aggressor in the video. Although the incident was only between Hayes and the victim, the Commonwealth argued that Hayes' actions put many people at risk.

The judge decided to grant Hayes a $15,000 bond and also ordered that he follow a list of conditions while out of jail. Those conditions included following a curfew, not holding any weapons and remaining employed.

Hayes is a convicted felon, but according to his attorney, none of his previous violations were violent. His rights were also restored, something the judge said she held in high regard when deciding whether or not to grant Hayes bond.

The victim was treated for non-life threatening injuries after the shooting. According to the Commonwealth, he is homeless. His whereabouts are not known.

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