Fight in McDonald's parking lot ends in stabbing

Published: Saturday, January 26, 2013 at 7:43 p.m.
Last Modified: Saturday, January 26, 2013 at 7:43 p.m.

An early-morning fight in the drive-thru at a Gainesville McDonald's left one man stabbed and another under arrest, according to a Gainesville Police Department report.

Xavier Lavar Cummings, 35, of Brooker, was charged with aggravated assault by Gainesville police.

The incident occurred about 3:57 a.m. at the McDonald's at 201 NW 13th St. when Cummings and the victim, Shavon Thomas Smith of Gainesville, argued outside the restaurant.

The argument started between Smith and Cummings when Cummings believed Smith had driven too fast through the parking lot to get into the drive-thru line, police reported.

Smith told police he was in the car in the drive-thru with two others when Cummings and another man came up to the car. Smith got out of his car and a physical fight began. Smith was stabbed below the left ear, left lower back, right thigh and left hamstring, the arrest report states.

Witnesses told police they saw Cummings stabbing Smith with a folding knife.

Cummings told police that Smith almost ran over him and the people he was with in the parking lot, according to the report. He said Smith punched him and he ended up on the ground. He saw a knife on the ground and began swinging it in self-defense.

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