A metal pipe or bat was never located. An independent witness did say Adkins swung his fists in the driver's direction.
“He swung his fist towards the driver window, and at some point the driver shot him,” says Phoenix Police Sgt. Tommy Thompson. “Just because we don’t book a person immediately does not mean we don’t charge a person at a later date.”
The dog, Lady, stayed by Adkins' side until the Humane Society came. Adkins lived with his mom and dad. He's 29, but his family says he's mentally disabled and has the mental capacity of a 12-year-old. He didn't drive, and walked wherever he went.
LAVEEN - Police are saying more about a shooting at a Taco Bell Tuesday night in which one man died.
They're also identifying the victim as 29-year-old Daniel Adkins.
About 7:30 p.m., a 22-year-old man and his girlfriend ordered food at the Taco Bell drive-thru and were told to pull up while their order was prepared.
At the same time, Adkins stepped around a corner into the path of the vehicle and angry words were exchanged between he and the driver.
They got into an altercation and Adkins was shot once by the driver. He died at the scene.
The driver, a 22-year-old black male, called police but has not been arrested.
At first, the couple claimed that Adkins had a metal pipe that he swung at them -- but it turns out he was holding a dog leash with his yellow lab on the other end.
Family members want that driver arrested, but he's claiming self-defense.
"He needs to be behind bars. I'll never see my brother again," says sister Marina Reyes. "If he felt that my brother was threatening him, he could have easily just rolled up the window and called the cops."