From the Pierce County Prosecutor’s Office:

Pierce County Prosecutor Mark Lindquist charged Joshua Ozuna, 17, with two counts of Assault in the First Degree and Unlawful Possession of a Firearm in the Second Degree for his involvement in what is believed to be a gang-related shooting at a crowded McDonald’s restaurant in January.

“Our Gang Unit is committed to vigorous prosecution of juvenile gang members who commit violent crimes in Pierce County,” said Prosecutor Mark Lindquist. “We are fortunate that innocent bystanders, including children, were not injured or killed during the shooting.”

On January 21, 2013, at approximately 12:00 p.m., a group of teens, including the defendant, confronted another group of teens inside the McDonald’s restaurant, wanting to fight. Members of defendant’s group lifted their shirts revealing firearms. Both groups left the restaurant.

Once outside, the defendant shot directly at two members of the other group of teens. Shots were returned. Witnesses described a panicked scene in and around the restaurant after nearly a dozen gunshots rang out. A 14-year old boy sustained a gunshot wound to the hand and was transported to a hospital. A car dealership was hit by two rounds, one that struck an outside pillar and one that shattered a window. A receptionist inside the dealership was cut by flying glass. The bullet lodged in the wall of a children’s play area.

The defendant and others fled the scene on foot, while some of the juveniles remained at the scene until police arrived. Witnesses identified the defendant as a shooter. On February 1, the defendant’s attorney contacted the Pierce County Sheriff’s Department agreeing to surrender the defendant. The defendant was booked without incident.

The defendant is charged as an adult because of his age and the seriousness of the crime. He was arraigned today and entered a plea of not guilty. Bail was set at $100,000. The defendant’s next court appearance is scheduled for March 12.  The defendant is also pending trial on an unrelated case, Robbery in the First Degree and Unlawful Possession of a Firearm in the Second Degree.

The other juvenile to be arrested, G.D.S., was charged with Unlawful Possession of a Short-Barreled Rifle and Unlawful Possession of a Firearm in the Second Degree in juvenile court. G.D.S. is being held in custody pending a hearing to determine if he will be prosecuted as an adult.

The charges are only allegations and persons are presumed innocent unless proven guilty.