Skip to content
Part of the Law Professor Blogs Network

Local judge allows assaulter to serve some of her jail time by serving fast food

This new Washington Post piece, headlined “Woman sentenced to fast-food job after hurling Chipotle bowl at worker,” reports on a notable local crime resulting in a notable fitting sentencing provision.  Here are the details:

Emily Russell was a store manager at an Ohio Chipotle when an irate customer hurled a chicken burrito bowl at her face. Now a judge has sentenced the customer to work at a fast-food job to avoid further jail time.

Rosemary Hayne, 39, was found guilty of one count of assault on Nov. 28 after admitting to throwing the burrito bowl at Russell in September…. Hayne’s behavior went viral in a video showing her screaming at Russell, 26, then grabbing her food and throwing it directly in Russell’s face.

At first, Hayne was slated to pay a fine and undergo a 180-day jail term, with 90 days suspended. However Gilligan offered her a chance to reduce her sentence with a highly unusual proposition. The judge presented her with an opportunity to cut her sentence by 60 days in exchange for consenting to work 20 hours per week at a fast-food restaurant for two months. Hayne agreed.

In the courtroom, Russell, the victim, told the judge the past two months have been the worst of her life. And she said she deals with the trauma of the incident daily. She told The Washington Post that she was protecting a 17-year-old employee who was getting yelled at by Hayne. She remade her order twice and included extra protein and other ingredients to appease Hayne, she said. Hayne left with her food but returned a few minutes later. “She started screaming at me. … The next thing I knew she threw the food in my face. I was so embarrassed and in shock.”…

Russell, who worked at Chipotle for more than four years, and has been in the service industry for nine, says she had drinks and sandwiches thrown at her by customers but never experienced something so violent at work before….

She has gotten supportive comments from people across the United States and is glad to share her story if it can help other fast-food workers. “Everyone has bad days, but it should never come to a point where you have to mistreat a human being,” she said. She’s happy with the judge’s sentence, saying “she got exactly what she deserved” and now gets to walk in her shoes.