According to a Lufkin Police report, Howard Hershey, 68, of Lufkin, was arrested at Applebees on a charge of public intoxication after making threats referencing the Orlando shooting when he felt as though his food did not come out on time.

A restaurant employee reported the matter, calling his statements "nonchalant threats." She said she was unsure if he was a danger, but that she did not appreciate him talking like that. When officers arrived, they learned the man had been sitting in the bar roughly 45 minutes and had two alcoholic drinks. A bartender told officers that he became unhappy when his boneless wings didn't come out as quickly as he wanted, so he made threats about shooting the place up.

She said he then alluded to the Orlando shooting, saying "cops couldn't protect them, what makes you think that they can protect y'all." Hershey, who appeared uncooperative as officers attempted to detain him, responded "I know, because 49 people got shot," when asked if he made a threatening statement toward the bar. He is also charged with terroristic threat-interrupting a public place and resisting arrest. Officers found no weapons in his possession.