Warrant: Batavia Steak 'n Shake shooting suspect cut in drive-up line, harassed others

  • Terry W. Hunter faces up to 30 years in prison if convicted of attempted murder in a Feb. 20 shooting at a Batavia Steak 'n Shake.

    Terry W. Hunter faces up to 30 years in prison if convicted of attempted murder in a Feb. 20 shooting at a Batavia Steak 'n Shake.

Updated 3/1/2018 7:42 PM

A man charged with attempted murder in the Feb. 20 shooting at a Batavia Steak 'n Shake harassed people at two area businesses earlier in the month, according to a police affidavit.

Terry W. Hunter, 27, of the 1200 block of Yellow Pine Drive, Aurora, was being held on $1 million bail after surrendering to police Feb. 23. He is due in court Friday and faces up to 30 years in prison plus an additional 20 years for using a gun.


Hunter is accused of shooting a 17-year-old from Carol Stream in the left leg after an argument in the drive-through lane at about 6:25 p.m. at the restaurant, 1901 McKee St.

According to a police affidavit used to secure a search warrant, Hunter pulled into the drive-up and immediately began honking at the vehicle in front of him.

"What's your problem, bro?" the victim yelled at Hunter, according to the affidavit.

The two exchanged words and Hunter pulled his car in front of the victim's vehicle. The victim, who was in the back seat, and the front seat passenger got out of the car, approached Hunter's car and an argument began, according to the affidavit.

Hunter then drove forward through the parking lot, turned around and began shooting. The victim took cover behind a lightpole but was hit in the left hamstring, police said.

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Hunter drove off, striking another vehicle. The victim's friends drove him to Delnor Hospital in Geneva.

The victim's account was corroborated by a woman in the drive-through lane and the restaurant manager, according to the affidavit.

When police arrived, they found seven spent .40-caliber shell casings in the parking lot, along with a slug embedded in the light pole, according to the affidavit. The next morning, two men found a black Smith and Wesson .40-caliber handgun near an access road in the Menards parking lot, which is north of the Steak 'n Shake, and brought it to the Batavia police station, according to the affidavit. The gun's seven-round magazine was empty. The gun had been reported stolen out of Madison County, Alabama.

Police determined the vehicle Hunter was driving belonged to his girlfriend, who lived on the 1000 block of Lorlyn Circle. Police got a warrant to search the apartment, the car for gunshot residue and Hunter's DNA, along with a warrant to recover at least two bullets lodged in the victim's car.

In the affidavit, police noted two incidents earlier in the month in which Hunter displayed aggressive behavior.

The first was Feb. 7 at the BP gas station, 200 Randall Road, Batavia, in which Hunter walked behind the employee counter and was "pacing, yelling, smoking and opening items inside the business." Officers on the scene talked to Hunter's parents, who said they had observed "extreme changes" in their son's behavior. Hunter was taken to a hospital for an evaluation.

Less than two hours before the shooting, Aurora police were called at 5:13 p.m. to the Earth Movers Credit Union for a disturbance. An employee told police Hunter was causing a disturbance and was banned from the business.

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