LUBBOCK, Texas — The family of Robert Rodriguez filed a lawsuit related to his deadly shooting outside a Lubbock location of Wendy’s. Both Wendy’s, and Rene Quintanilla who is accused of firing the deadly shots, were named.

At first, Quintanilla was charged and arrested for murder. But later, a grand jury did not indict Quintanilla.

Rodriguez, 21, was working in the Wendy’s drive through when there was a dispute, which involved Quintanilla, age 24 at the time. Police said one of Rodriguez’s family members intervened.

Police said, “Quintanilla pulled out a firearm and discharged it, hitting Rodriguez.”

Related Story: April 2020 deadly shooting in Lubbock caught on video, family still seeking justice

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Rodriguez was taken to University Medical Center where he died. The following is a press release from attorneys with The Carlson Law Firm who represent the Rodriguez family.

Robert Rodriguez Death: Attorneys File Lawsuit Against Wendy’s on Behalf of Rodriguez’s Family

LUBBOCK, Texas — Attorneys representing the family of Robert Rodriguez filed a lawsuit against The Wendy’s Company, Rene Quintanilla and several others for their failure to take proper actions to prevent the 21-year-old’s death.

On April 11, 2020, 21-year-old Robert Rodriguez was gunned down by an angry Quintanilla while working the drive-thru window at Wendy’s. According to the Lubbock Police Department and surveillance videos, Rodriguez was unarmed when he was gunned down from multiple shots at close range by Quintanilla in the middle of the day.

Attorneys Matt and Valeri Malone from The Carlson Law Firm and co-counsel Rafe Foreman filed the lawsuit on behalf of Rodriguez’s family on April 8—just three days ahead of the anniversary of Rodriguez’s untimely death.

According to the petition, Mr. Quintanilla was reportedly disgruntled over an order.

The lawsuit details several instances of negligence from Mr. Quintanilla, Wendy’s, the franchise’s owners and Target. In addition, the lawsuit says that Quintanilla was guilty of civil assault and battery.

The suit states that the management of Wendy’s should have immediately locked down the restaurant, notified law enforcement and implemented further procedures for the safety of Wendy’s employees and its customers.

“Robert Rodriguez was a son of this community who worked long hours to support his family,” attorneys Matt and Valeri Malone said. “He went to work a day shift at Wendy’s one day and never came home. He was gunned down and killed, defenseless in his Wendy’s uniform, by a Wendy’s customer angry about an order. Wendy’s management stood by and watched the situation escalate, watched Quintanilla brandish his gun, and watched Quintanilla shoot Robert six times. Quintanilla berated drive-thru employees, making them cry, and then parked his truck facing the drive-thru to further harass and intimidate. Ultimately, Quintanilla got out with his gun—waving it around outside of a busy Target and Wendy’s in the middle of the day, just a few streets from where we are sitting right now. Wendy’s management just watched like spectators. We are fighting for justice for 21-year-old Robert Rodriguez because, so far, there has been none. Quintanilla was not indicted and is free right now. Robert was a father, a brother, a son, and a friend. He could have been a son to any of us.”

Last year, as part of their investigation, attorneys representing Rodriguez’s family took to Facebook looking for witnesses. In a post, attorney Valeri Malone shared photos of Robert with his daughter, an aerial photo of the scene following the shooting, a mugshot of the alleged assailant, and the memorial.

In 2021, the family released (and published) surveillance video of the shooting.

WARNING: The video below contains graphic content. Viewer discretion is advised.