January 28, 2009

Pizzeria owner charged in calzone attack

Authorities in Florida said a pizzeria owner was arrested after allegedly attacking two men who complained about a mistaken calzone order.

A Flagler County sheriff's report said Richard Phinney, 44, called Goomba's pizzeria in Palm Coast, Fla., to try to get a replacement order for his daughter Friday after the eatery failed to heed his request that her calzone not include sauce and feta cheese, the Daytona Beach (Fla.) News-Journal reported Wednesday.

The father said a Goomba's employee told him on the phone that the eatery's grills had been shut down for the night so Phinney and his roommate, Richard Capie, 35, visited the restaurant to try to get a refund.

Phinney said he and Capie were speaking to a manager outside of the restaurant when owner Joseph Milano, 40, arrived and invited the two men to come inside and discuss the situation. However, he said that after speaking for a few minutes, Milano pistol-whipped him with a gun he retrieved from behind a counter and physically attacked both men.

Capie was able to grab the gun and he left with Phinney, the report said.

Investigators said surveillance camera footage from the restaurant appears to confirm Phinney and Capie's account.

Milano was charged with aggravated assault with a deadly weapon. He was released after posting $40,000 bail.