A grieving widower in California has accused McDonald’s staff of remaining passive as his wife was tragically assaulted and killed by a “vagrant” in the drive-thru lane.

Jose Juan Rangel has initiated legal proceedings against McDonald’s and two of its franchise operators in Los Angeles Superior Court on January 8. This lawsuit follows almost two years after his wife, Maria Vargas Luna, was violently attacked at a McDonald’s location in the Boyle Heights area of East Los Angeles.

The incident unfolded when Rangel, 75, and Luna, 58, were idling in their vehicle at the drive-thru, when a homeless man, subsequently identified as Charles Cornelius Green Jr., reportedly approached them in March 2024, as detailed in court documents reviewed by Law & Crime.

According to Rangel’s legal representative, Ali R. Kazempour, Green had been loitering around the drive-thru for a minimum of ten minutes, soliciting money from patrons before making his way to the couple.

It is alleged that Green lunged at Rangel, delivering multiple blows to his face through the open window on the driver’s side.

Luna leapt from the car to help her husband, but Green shoved her to the ground, causing her head to strike the asphalt and suffer catastrophic injuries that led to permanent brain damage, according to the suit.

The complaint alleged that McDonald’s employees “never called law enforcement or requested emergency assistance” during the attack despite “visible warning signs” leading up to the physical altercation that required action.

“Defendants’ employees had sufficient time to observe Green’s conduct, recognize the danger, and intervene before the assault,” the lawsuit stated.

Police arrived after Rangel was injured and his wife was lying unconscious on the ground.

Luna was transported to the hospital, where she was placed on life support for several months before she died from her injuries.

Green was allegedly a “known vagrant” who frequently loitered at the McDonald’s, and employees were aware that his presence created “unpredictable and alarming encounters” for customers, according to the suit.

“Defendants’ failure to employ security personnel or implement safety measures allowed Green to remain on the property and created the conditions that led to the attack.”

Rangel’s lawsuit alleges that workers ignored obvious danger, failed to monitor customer areas, and acted negligently, asserting that they still had a duty to “respond reasonably” once Green became threatening, even without a security guard.

The complaint also alleges the McDonald’s location had become a magnet for crime, claiming the Los Angeles Police Department responded to the restaurant 132 times for violent incidents and criminal activity between 2020 and March 2024.

Police allegedly handled 90 criminal or violent incidents at the location, with at least 70 of the calls involving assaults, batteries, or disturbances.

“These repeated events placed defendants on actual and constructive notice that violence, trespassing, and loitering created persistent and dangerous conditions on the property,” the complaint said.

“Despite the history of similar incidents, the visible warning signs immediately before the assault, and the attack unfolding in plain view for several minutes, defendants chose not to take any action to protect (Rangel) or his now-deceased wife.”

Green initially faced felony and misdemeanor battery charges, but prosecutors dropped the felony after determining Luna’s fall was accidental, Fox 11 reported.

Green was later cut loose on his own recognizance, and the case remains unresolved.

The couple’s daughter, Veronica Rangel, criticized then–Los Angeles County District Attorney George Gascón, accusing him of “brushing off” the crime against her parents.

“My father’s wife, our stepmother, is dying — or pretty much dead — and where’s the justice? There was no justice at all,” Veronica Rangel told KTLA at the time.