A man accused of pointing a loaded gun at several patrons in December, threatening to kill them after they accepted free pizza at a Cuban restaurant accepted a plea deal Monday.
Cristian Andrade-Banegas, 35, of Houston, Florida, pleaded no contest to one count of aggravated assault as the state dropped the remaining five similar charges.
Lee Circuit Judge Bruce Kyle sentenced Andrade-Banegas, aided by his Spanish-language interpreter, to 364 days with credit for time served, followed by 48 months of probation.
Kyle further ordered that Andrade-Banegas forfeit the weapon, have no contact with the victims and complete an anger management course.
Andrade Banegas, who said he was born in Honduras, asked the court how long he’d be held before a potential deportation. At least two of the victims were also subject to deportation, Assistant State Attorney Leena Marcos said during the hearing.
According to his arrest report the Lee County Sheriff’s Office, Andrade-Banegas on Dec. 7, 2022, pointed what witnesses called a “machine gun” at several patrons eating at a Cuban restaurant in the 5600 block of Bayshore Road, in North Fort Myers.
Andrade-Banegas became upset because those accepting the pizza from the restaurant had already eaten their food, the report says.
After the argument, Andrade-Banegas retrieved the firearm from his pickup and pointed it at six patrons as he threatened to kill them.
When deputies arrived, a patron who recorded the incident played that footage for authorities, the report says.
When detective found him, they spotted an assault rifle through the pickup’s windows, partly covered by a T-shirt.
When detectives further examined the firearm, they noticed it had a magazine similar to those used in assault rifles with several pellets loaded, an air gun scope mounted to the top and no other indicators that wouldn’t make it a real firearm, the report says.
Kyle warned Andrade-Banegas he has 30 days to appeal his sentence.