TOPEKA, Kan. (KSNT) - A former McDonald's employee who is responsible for spiking a Topeka Police Officer's drink with mustard could be looking at criminal charges.
The District Attorney's Office is opening a criminal investigation into the matter.
According to some legal experts, this particular case could spell out aggravated battery of a law enforcement officer under Kansas statute.
"Most people think that battery is, you know, when somebody gets hit and you're causing harm," says Kevin Shephard, an attorney. "But there is something in the battery statute that says that you don't necessarily have to be hurt."
According to the statute, battery can be defined as ‘knowingly causing physical contact with another person when done in a rude, insulting or angry manner.'
"The stretch part of it is the physical contact." says Shephard. "Here, the contact was done while drinking a soda. That might be the stretch of it. But it is contact."
Situations like this have been ruled as crimes before. A Dairy Queen employee was arrested in Baton Rouge, Louisiana last year after spitting on a police officer's hamburger.
The Kansas Highway Patrol told KSNT News on Monday this happened to one of their trooper's about two weeks ago at the same location at 2001 Northwest Topeka Boulevard.
The news first broke after the Facebook group Kansas GOING Blue posted the photo of the contaminated beverage Sunday evening.