CHARLESTON – Two of the four victims of a violent Charleston crime spree have sued the owner/operator of the Kanawha City McDonald’s where the violence began and where the man arrested worked.
Ann-Marie Brown and Douglas Brown filed one complaint January 24 in Kanawha Circuit Court against J.W. Ebert Corporation, and Lisa Woods filed another against the McDonald’s owner and operator. The Browns are residents of North Carolina, and Woods lives in Charleston.
“So many lives have been changed forever,” attorney Ben Salango told The West Virginia Record. “Sadly, this was all preventable, and we intend to hold the defendant accountable.”
Salango
| File photo
According to the complaints, Ann-Marie Brown entered the McDonald’s located just off the West Virginia Turnpike about 7:30 a.m. on December 27. Moments later, restaurant employee Percy Woody put a fellow employee in a chokehold and stabbed another coworker with a box cutter in the neck and head before punching another victim in the face before stabbing and slashing her in the neck with his knife.
“Percy Woody then proceeded to grab plaintiff Ann-Marie Brown by the hair and attempt to cut her throat, but Ann-Marie Brown held up her hands to protect her throat, causing the box cutter to stab her hands instead,” the first complaint states.
Douglas Brown walked into the restaurant seconds after his wife was stabbed and saw her injuries and blood, according to the complaint.
Woody then left the restaurant, and the complaint says Brown was taken to Charleston Area Medical Center’s General Hospital for treatment.
But Woody, who lived in Princeton, wasn’t done.
While still clocked into work and wearing his McDonald’s uniform, Woody walked to Roosevelt Avenue and saw Woods taking out her trash in front of her home.
“Unprovoked, Percy Woody began punching plaintiff Lisa Woods in the face, then proceeded to cut her throat with a knife,” the second complaint states, adding Woody then ran away. Woods neighbor called police, according to the complaint, and she also was taken to CAMC General for treatment. Woody later was arrested by Charleston Police, who said he began to try to cut himself when they confronted him.
The owner of the McDonald’s issued a statement after the incident expressing shock and sadness.
“Nothing is more important than the safety of our employees and customers,” John Ebert said. “Right now, we’re focused on supporting our people with time off and counseling services, and assisting law enforcement with this active investigation. Please contact the Charleston Police Department with any further questions.”
But Woody had a long history of violence, which the complaint says was readily accessible for J.W. Ebert Corporation to find online.
Police records show he was arrested and charged with malicious wounding on January 30, 2018, after he stabbed a man five times following a verbal dispute. He entered a guilty plea later that year and was sentenced to one year of probation.
On August 17, 2019, Woody again was charged with malicious wounding after stabbing someone in the face with a box cutter. He entered a guilty plea and was sentenced to 1-3 years in prison.
On December 2, 2021, Woody pulled a knife on officers and first responders who had been called to a drug store and found him heavily impaired. He was charged with battery of an officer, brandishing a weapon, obstructing and/or resisting an officer, public intoxication and fleeing on foot. He entered a guilty plea and was sentenced to 180 days in jail.
On April 25, 2022, Woody attempted to take a police officer’s gun and tried to stab an officer with a box cutter after authorities were called to Gabe’s Department Store because Woody was harassing customers and was heavily impaired from drug use. This was 25 days after he was released from jail for the 2021 offense. He entered a guilty plea and was sentenced to 1-3 years in prison.
Woody was released from prison October 31, 2023. Less than three weeks later, he applied to work for Ebert at McDonald’s.
After hiring Woody, the complaint says the company knew he carried a box cutter to work, was routinely under the influence of drugs, created an unsafe work environment and posed a risk of harm or injury to others.
And, J.W. Ebert is no stranger to the dangers of hiring employees with a history of violence.
In January 2023, an employee of the company’s Elkview McDonald’s location stabbed a customer in the face and neck at the restaurant. That civil lawsuit still is pending.
The complaints accuse J.W. Ebert Corporation of respondeat superior; negligent hiring, selection and retention; negligent training and supervision; and premises liability. Brown’s husband also accuses them of loss of consortium and negligent infliction of emotional distress.
The plaintiffs seek compensatory damages for physical pain and suffering, mental anguish and suffering, annoyance and inconvenience, emotional distress, loss of capacity to enjoy life, medical expenses, lost wages and future physical impairment as well as punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The plaintiffs are being represented by Salango and Christian Huffman of Salango Law in Charleston and by L. Lee Javins and Taylor M. Norman of Bailey Javins & Carter in Charleston.
The Brown case has been assigned to Circuit Judge Jennifer Bailey, and the Woods case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case numbers 24-C-61 (Brown) and 24-C-62 (Woods)
