Gun jams when Dayton man tries to shoot fast-food worker, police say

Montgomery County Common Pleas Courtroom. JIM NOELKER/STAFF

Credit: JIM NOELKER

Credit: JIM NOELKER

Montgomery County Common Pleas Courtroom. JIM NOELKER/STAFF

A gun jammed when a Dayton man pointed it at a fast-food worker and pulled the trigger nearly three years ago, Dayton police say.

Brandon Lee Rushin, 27, appeared Thursday for his arraignment in Montgomery County Common Pleas Court for felonious assault with a three-year firearm specification.

Dayton police responded Dec. 20, 2020, to JJ’s Fish & Chicken, 1153 N. Gettysburg Ave., after a worker said he was cooking food when Rushin came into the restaurant and tried to shoot him, but the gun jammed, according to an affidavit filed in Dayton Municipal Court.

Another employee said that Rushin told her to duck and that she heard him threaten to kill her co-worker.

“On the security video you can see Rushin enter the store, pull a black handgun out. After Rushin pulls the handgun out you can see him cock the handgun attempting to put a live round in the chamber. Rushin points the handgun at (the victim). Rushin then backs up towards the exit door and raises the handgun and pulls the trigger but the handgun does not fire,” the affidavit read.

Charges were filed Jan. 14, 2021, against Rushin, who at one point was the Dayton Police Department’s most wanted individual. He was arrested on the Dayton warrant in June and booked into the Butler County Jail. He was indicted July 12 by a Montgomery County grand jury.

Rushin’s bail was set at $50,000 during his arraignment hearing, during which a not guilty plea was entered on his behalf, records show.

Brandon Rushin

Credit: Butler County Jail

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Credit: Butler County Jail

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