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Calzone Complaint Leads To Assault (Restaurantuer Attacks Man Who Dissed Calzone)
WESH ^ | January 28, 2009

Posted on 01/29/2009 4:45:53 PM PST by nickcarraway

Authorities Say Restaurant Owner Assaulted Customer Who Complained

PALM COAST, Fla. -- An angry restaurant owner pistol-whipped and beat a customer who complained his calzone order was incorrect and requested a refund, authorities said.

Goomba's Pizzeria owner Joseph Milano is charged with aggravated assault and battery with a deadly weapon.

According to a police report, security footage from the pizzeria shows that Milano struck Richard Phinney with a gun. He then jumped over a counter and started to assault Phinney and his roommate.

Phinney was taken to a hospital and treated for a head wound.


TOPICS: Food; Humor; Local News
KEYWORDS: calzone
Eatery owner charged in attack over calzone complaint

Everybody's had a restaurant get their food order wrong a time or two.

Like most people, Richard Phinney figured the mistake would be corrected and his takeout calzone replaced when he called to complain. But instead of a new calzone, Phinney got a trip to the emergency room and a bloodied head after the owner of Goomba's pizzeria pistol-whipped and beat him, according to a Flagler County sheriff's report.

"I don't even want to go out to a fast food place now because I don't know what to expect," Phinney said in a telephone interview Tuesday.

Goomba's Pizzeria owner Joseph Milano, 40, "seemed really nice" when he invited Phinney and his roommate Richard Capie into the restaurant on Friday night , Phinney said. Phinney and Capie were having a cookout at their Palm Coast home that night but Capie's 11-year-old daughter didn't like what was on the menu. So the pair ordered her a calzone, just the way she likes it -- no sauce and no feta cheese. But when they got the food home, it was dressed with both, Phinney said.

So Phinney called Goomba's on Belle Terre Parkway to have the order replaced but was told the grills were shut down for the night and the order couldn't be replaced until the next day. He asked for a refund instead.

Phinney, 44, and Capie, 35, went to the restaurant to get the refund and were standing outside talking with a manager there when Milano pulled up. Milano invited the men into the restaurant to discuss their issue at the counter.

"The next thing we know, we heard a gun pop," Phinney said.

It was the sound of a 9mm pistol hitting his skull.

When deputies arrived at Goomba's that night, Milano and his girlfriend, Kristy Leal, 32, told an elaborate story that had Phinney punching Milano and pulling him over the countertop at the restaurant, the report states. While the pair were tussling, Leal claimed Capie punched her in the eye and stole from her a gun she'd pulled from her purse to stop the fight.

They claimed all surveillance in the business had been turned off for the night.

Deputies later learned the surveillance system was on and viewed the silent footage.

What they saw on the tape was Capie and Phinney "standing calmly at the counter" with Milano on the other side speaking with "animated body language," the report states.

Then Milano suddenly hit Phinney in the head with a gun he'd pulled from behind the counter, the report states. The gun fell as Milano jumped over the counter and began assaulting both Capie and Phinney, the report said.

Capie eventually grabbed the gun so it couldn't be used against him and his roommate and both immediately left, the report states. Milano later retracted his initial story and admitted to the behavior that was caught on tape, the report states.

Milano did not return a phone call from The News-Journal.

Phinney was treated at Florida Hospital Flagler for his injuries. Milano was arrested and charged with aggravated assault with a deadly weapon and released the next day after posting $40,000 bail. And Leal was charged with filing a false police report.

1 posted on 01/29/2009 4:45:53 PM PST by nickcarraway
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To: Slings and Arrows; Clemenza

Ping


2 posted on 01/29/2009 4:46:12 PM PST by nickcarraway (Are the Good Times Really Over?)
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To: nickcarraway

Everyone knows that you don’t go into an Italian restaurant and complain about the food. Eat your slop, pay for it, leave...nobody gets hurt.

Obviously Fauxtalian chains like Olive Garden don’t count.


3 posted on 01/29/2009 4:50:04 PM PST by Doohickey (The more cynical you become, the better off you'll be.)
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To: nickcarraway

10 years for aggravated assault, 2 more for lying his ass off to police (and only retracting once they had him dead to rights, making the retraction morally worthless).


4 posted on 01/29/2009 4:50:42 PM PST by pogo101
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To: nickcarraway

Hmmmm..., maybe there will be new ownership of the restaurant... LOL...

[after the court case, that is... :-) ... ]


5 posted on 01/29/2009 4:51:03 PM PST by Star Traveler
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To: pogo101

How many years for bad calzone?


6 posted on 01/29/2009 4:51:42 PM PST by nickcarraway (Are the Good Times Really Over?)
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To: Doohickey

Especially if its named Goombas.


7 posted on 01/29/2009 4:51:47 PM PST by aft_lizard (One animal actually eats its own brains to conserve energy, we call them liberals.)
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To: nickcarraway

(Waiting for the Kramer clips to start popping up...)


8 posted on 01/29/2009 4:51:58 PM PST by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: Doohickey

Leave the gun...take the cannolis


9 posted on 01/29/2009 4:52:26 PM PST by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: aft_lizard

10 posted on 01/29/2009 4:54:51 PM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: nickcarraway
Milano was arrested and charged with aggravated assault with a deadly weapon and released the next day after posting $40,000 bail...

I think Milano would have been better off to have given the refund.

11 posted on 01/29/2009 4:55:14 PM PST by beaversmom
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To: nickcarraway

It seriously sounds like the guy was on the juice big time.

I’d like to see a picture of him to confirm that.


12 posted on 01/29/2009 4:55:56 PM PST by bill1952 (McCain and the GOP were worthless)
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To: nickcarraway

None, but now that you mention it, one more year for criminal stupidity (in assaulting someone standing smack dab where you KNOW you have your security cameras pointed).


13 posted on 01/29/2009 4:58:25 PM PST by pogo101
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To: nickcarraway

NO CALZONE FOR YOU!!!!!!!


14 posted on 01/29/2009 4:59:09 PM PST by irishtenor (Check out my blog at http://boompa53.blogspot.com/)
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To: beaversmom

But they insulted his Mama’s calzone?


15 posted on 01/29/2009 5:01:38 PM PST by nickcarraway (Are the Good Times Really Over?)
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To: nickcarraway
Goomba's Pizza Shop Owner Attacks Customer

PALM COAST -- Everybody's had a restaurant get their food order wrong a time or two.

Like most people, Richard Phinney figured the mistake would be corrected and his takeout calzone replaced when he called to complain. But instead of a new calzone, Phinney got a trip to the emergency room and a bloodied head after the owner of Goomba's pizzeria pistol-whipped and beat him, according to a Flagler County sheriff's report.

"I don't even want to go out to a fast food place now because I don't know what to expect," Phinney said in a telephone interview Tuesday.

Goomba's Pizzeria owner Joseph Milano, 40, "seemed really nice" when he invited Phinney and his roommate Richard Capie into the restaurant on Friday night , Phinney said. Phinney and Capie were having a cookout at their Palm Coast home that night but Capie's 11-year-old daughter didn't like what was on the menu. So the pair ordered her a calzone, just the way she likes it -- no sauce and no feta cheese.

But when they got the food home, it was dressed with both, Phinney said.

So Phinney called Goomba's on Belle Terre Parkway to have the order replaced but was told the grills were shut down for the night and the order couldn't be replaced until the next day. He asked for a refund instead.

Phinney, 44, and Capie, 35, went to the restaurant to get the refund and were standing outside talking with a manager there when Milano pulled up. Milano invited the men into the restaurant to discuss their issue at the counter.

"The next thing we know, we heard a gun pop," Phinney said.

It was the sound of a 9mm pistol hitting his skull.

When deputies arrived at Goomba's that night, Milano and his girlfriend, Kristy Leal, 32, told an elaborate story that had Phinney punching Milano and pulling him over the countertop at the restaurant, the report states. While the pair were tussling, Leal claimed Capie punched her in the eye and stole from her a gun she'd pulled from her purse to stop the fight.

They claimed all surveillance in the business had been turned off for the night.

Deputies later learned the surveillance system was on and viewed the silent footage.

What they saw on the tape was Capie and Phinney "standing calmly at the counter" with Milano on the other side speaking with "animated body language," the report states.

Then Milano suddenly hit Phinney in the head with a gun he'd pulled from behind the counter, the report states. The gun fell as Milano jumped over the counter and began assaulting both Capie and Phinney, the report said.

Capie eventually grabbed the gun so it couldn't be used against him and his roommate and both immediately left, the report states. Milano later retracted his initial story and admitted to the behavior that was caught on tape, the report states.

Milano did not return a phone call from The News-Journal.

Phinney was treated at Florida Hospital Flagler for his injuries. Milano was arrested and charged with aggravated assault with a deadly weapon and released the next day after posting $40,000 bail. And Leal was charged with filing a false police report.

http://www.flagleronline.com/forum/forum_posts.asp?TID=17805&PN=1

16 posted on 01/29/2009 5:08:53 PM PST by ETL (Smoking gun evidence on ALL the ObamaRat-commie connections at my newly revised FR Home/About page)
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To: nickcarraway

Never mess with a Goomba!


17 posted on 01/29/2009 5:14:13 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: nickcarraway

I've never heard of Calzone before. Anyway, here's what it looks like.

18 posted on 01/29/2009 5:15:28 PM PST by blam
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To: nickcarraway
What did the dude expect from Goomba's Pizzeria? LOL

I guess the place has it's mob bonafides

19 posted on 01/29/2009 5:22:59 PM PST by thecabal (Keep The Change)
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To: blam
That one you posted from Wiki looks awful!

These are more like it...


20 posted on 01/29/2009 5:45:01 PM PST by ETL (Smoking gun evidence on ALL the ObamaRat-commie connections at my newly revised FR Home/About page)
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21 posted on 01/29/2009 6:04:26 PM PST by ETL (Smoking gun evidence on ALL the ObamaRat-commie connections at my newly revised FR Home/About page)
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22 posted on 01/29/2009 6:06:18 PM PST by ETL (Smoking gun evidence on ALL the ObamaRat-commie connections at my newly revised FR Home/About page)
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To: ETL

And who in the hell orders a calzone without cheese or sauce?


23 posted on 01/29/2009 6:12:35 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: mylife

I usually order them without sauce, but sometimes have one instead of bread with lasagna. I like ham and cheese calzones best.


24 posted on 01/29/2009 6:17:57 PM PST by ETL (Smoking gun evidence on ALL the ObamaRat-commie connections at my newly revised FR Home/About page)
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To: ETL

Sacrilege!


25 posted on 01/29/2009 6:19:09 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: mylife
They didn't order one without cheese. Without cheese it would just be plain dough. They ordered it without feta cheese. Calzones are mostly ricotta and mozzarella.

"Phinney and Capie were having a cookout at their Palm Coast home that night but Capie's 11-year-old daughter didn't like what was on the menu. So the pair ordered her a calzone, just the way she likes it -- no sauce and no feta cheese."

26 posted on 01/29/2009 6:21:56 PM PST by ETL (Smoking gun evidence on ALL the ObamaRat-commie connections at my newly revised FR Home/About page)
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To: nickcarraway; MeekOneGOP; Conspiracy Guy; DocRock; King Prout; Darksheare; OSHA; martin_fierro; ...
Goomba's Pizzeria

That was warning sign #1...


27 posted on 01/29/2009 6:27:15 PM PST by Slings and Arrows (This fiasco brought to you by the failed Obama administration.)
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To: ETL

I’d rather live with the whoopin than the 11 year old kid L0L


28 posted on 01/29/2009 6:29:00 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: mylife
That calzone pic Blam posted in 18 made me sick. He got it from wikipedia. It reminded me of a friend growing up who used to always say he didn't like macaroni and meatballs. I thought he was out of his mind for saying that. After all, made correctly, it's one of the best dishes on Earth. Then one day I discovered why he didn't like it. I had dinner at his house and his mom made it. It was friggin disgusting! She didn't know the first thing about making good sauce. I didn't dare try the meatballs.

________________________________________

http://en.wikipedia.org/wiki/Calzone

29 posted on 01/29/2009 6:49:30 PM PST by ETL (Smoking gun evidence on ALL the ObamaRat-commie connections at my newly revised FR Home/About page)
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To: ETL

L0L! aint it the truth!?


30 posted on 01/29/2009 6:50:57 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: blam

Dang... Even the Calzones from Pizza Hut look better than that! (Don’t tease me — there are no real Italian Restaurants where I’m at — at least none I’ve found so far!)


31 posted on 01/29/2009 7:09:30 PM PST by LibertyRocks ( http://LibertyRocks.wordpress.com ~ Pro-Palin & NObama Gear : http://cafepress.com/NO_ObamaBiden08)
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To: blam

Blam, that calzone in your #18 looks like a manta ray with a head shot wound.


32 posted on 01/29/2009 7:35:14 PM PST by xJones
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To: ETL
"That calzone pic Blam posted in 18 made me sick."

Sorry.

There weren't any EYE-talians anywhere around here when I was growing up.
In fact, I was probably 16-17 years old before I even heard the word pizza.

I was 19 before I heard the word taco. So....

33 posted on 01/29/2009 7:36:16 PM PST by blam
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Calzone or calzoneee?


34 posted on 01/29/2009 8:56:46 PM PST by Skeezicks
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To: Slings and Arrows
A picture of the owner of Goomba's Pizzeia.


35 posted on 01/29/2009 8:59:14 PM PST by FreedomOfExpression
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To: FreedomOfExpression

I don’t want to know how he held the gun.


36 posted on 01/29/2009 9:39:50 PM PST by Slings and Arrows (This fiasco brought to you by the failed Obama administration.)
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To: xJones

LOL :)


37 posted on 01/30/2009 1:53:10 AM PST by beaversmom
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To: silverleaf
Leave the gun...take the cannolis

One of the best lines from ThebGodfather movies....

(your post just got you added to my FF (Favorite FReepers list

8^)

38 posted on 01/30/2009 4:59:57 AM PST by The SISU kid (I feel really homesick all the time & so do all the other aliens.....)
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To: Slings and Arrows
I don’t want to know how he held the gun.

Not very well, he DID drop it. Now we know why.   :^)
39 posted on 01/30/2009 11:10:24 AM PST by FreedomOfExpression
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