Judith Black, a Florida woman, is accused of hurling a Whopper at a Burger King employee and yelling racial insults over the thickness of a tomato.
According to a police report obtained by The Smoking Gun, Black was arrested on April 30, 2021, in Wildwood, Florida, near her home in The Villages.
According to documents obtained by Heavy, the 77-year-old woman was arrested by the Wildwood Police Department and booked at the Sumter County Jail before being released on bail.
It was unclear if she had retained an attorney to speak on her behalf, and Heavy was unable to contact Black for comment.
She is 77 years old.
Calling Burger King Employee N-word And Whopper Attack
According to the police report, the incident occurred about 6 p.m. at the Burger King restaurant at 5845 Seven Mile Drive in Wildwood. According to Sumter County court documents, Black was charged with battery.
Meet Judith Black from Florida. She was charged with a felony after yelling racial slurs and throwing a Whopper at a Burger King employee because her tomato was ‘too thick’. 🤡 pic.twitter.com/dmYYOvY9Kn
Westwood Police officers were called to the Burger King restaurant for a disturbance, according to a police report published by The Smoking Gun.
When police arrived, the perpetrator, later identified as Judith Black, had already fled the scene. According to the victim, a Burger King employee said, “an older white female … was not satisfied with a Whopper sandwich she had ordered and was yelling at her at the ordering counter,”
77-year-old Judith Black recently admitted to assaulting a #BurgerKing employee with a whopper this past weekend. Black apparently order the sandwich and was displeased with how thick the tomato was on the burger. pic.twitter.com/o17Ymmwwit
Police said the worker added, “She stated that she informed Mrs. Black that she could help her if she would stop yelling and turned around. As the victim turned around, Mrs. Black proceeded to throw the Whopper at her, striking her in the back, just below her neck against her will. Mrs. Black then walked out to her vehicle, followed by her husband, and left. The victim stated that Mrs. Black said, ‘Shut up you Black b****.’ The victim stated that when her and her coworkers walked outside she heard Mrs. Black call her a ‘n*****.’”
Multiple witnesses, including a Burger King manager, a second employee, and a customer, independently checked Black’s claims, according to the police report. The manager told police Black called the victim a “Black n*****” and said “F-U” when she was “storming out of the restaurant,” according to the report. Another witness said Black yelled, the police report said, “F*** you Black n******” and said “Black n******” a second time before leaving.
According to the report, the officer confirmed that Black threw a Whopper at the employee after seeing surveillance footage of the incident.
According to the police report, Black would have been charged with misdemeanor violence for tossing the Whopper at the Burger King employee, but the charge was changed from a first-degree misdemeanor to a third-degree felony due to proof of “prejudice” when committing the crime because she used racial slurs.
A third-degree felony in Florida carries a possible sentence of up to 5 years in state prison.
According to the Meltzer & Bell law firm, the “hate crime act” is the law that requires police to elevate a misdemeanor case to a felony. The bill was signed into law in 2020.
It states, “The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim … A misdemeanor of the first degree is reclassified to a felony of the third degree.”
According to online records, Black was booked into the Sumter County jail at 8:34 p.m. on April 30 and released at 12:40 a.m. on May 1. She was released after posting a $2,500 bond. When Black is due to appear in court is unknown. The affidavit and other case details were filed on May 3, 2021, but as of May 4, they had not been made public.
The incident has received no response from the Wildwood Police Department or Burger King. In addition, neither Black nor her husband have issued a statement in response to the detention.