Gaithersburg McDonald's Shooting: No Charges Pressed Against Officers

GAITHERSBURG, MD — Four police officers who shot and killed a man in a McDonald's drive-through will not be charged, according to a document from the Howard County State’s Attorney's office, posted on the Montgomery County State's Attorney's website.

A grand jury said that the shooting of Ryan LeRoux, 21, was "legally justified," the report says. Officers Brooks Inman, Sara Vaughan, John Cerny and Corporal Romund Schmuck — the officers who shot LeRoux — were initially placed on administrative leave, but a Montgomery County Police spokesperson told Bethesda Beat that they have since returned to work and an internal affairs investigation will be conducted.

On July 16, 2021, Montgomery County Police received a call around 9 p.m. about a man sitting in the drive-through at the McDonald's on Flower Hill Way who refused to pay or leave. Police got to the McDonald's about an hour and a half later, according to the State’s Attorney's report.

The first officer to arrive, Inman, approached LeRoux's car and saw a handgun in the front seat as LeRoux reclined in the driver's seat, the report says. Inman informed the other officers arriving at the McDonald's, and tried to open the passenger door, which was locked, according to the report. LeRoux would not open the doors, it says. Over the next 15 minutes, more officers got to the McDonald's, according to the report.

At 10:46 Vaughan shouted that LeRoux had raised the gun, ducking down and saying, "he’s raised the gun! He’s raised the gun!," the report says. Body camera footage of that cannot be seen, the report says, because Vaughan’s arms blocked the view of the camera as she had her gun drawn.

Captain Brian Dillman asked on the police radio at 10:49 p.m. if there were any crisis negotiators available. Beginning at 10:49 p.m., Sergeant John Ceresini called "vehicle driver, if you can hear us, put your hands up so we can see them," over a PA system 12 times over 6 minutes, the report says. Sergeant Peter Worden attempted to speak with LeRoux on his cell phone, but it went to voicemail, according to the report.

At 10:55 p.m., officers were told over the police radio that LeRoux had said he has his hands up and out of the window — Isman and Officer John Cerny can be heard saying through the body camera footage that his hands were not up, the report says. A minute later, the dispatcher on the police radio said LeRoux had hung up, according to the report.

Worden tried again to reach LeRoux on the phone at 10:59 p.m., but LeRoux hung up, the report says. Officers Christopher Mumper and Chad Warren went inside the McDonald's to place a camera inside to get a better view of the inside of the car, the report states.

At 11:02, the crisis negotiator said on the police radio that they were two minutes out from the McDonald's. A few seconds after this, LeRoux's leaned over into the front passenger seat and then raised his right arm, the report says.

Inman, Vaughan, Cerny and Schmuck then fired their guns, killing LeRoux, the report says.

Officers Vaughan, Daniel Kim and Elizabeth Sama approached the car and removed the gun, and then officers gave first aid to LeRoux, the report says. He was pronounced dead at the hospital around 12:30 a.m.