RIO RANCHO, N.M. (KRQE) – A security guard is now facing criminal charges for shooting and killing a man at a Rio Rancho Whataburger.

Joe Archuleta was already facing a lawsuit over the 2016 death of David Tenorio at the Restaurant on 528, where Archuleta was working security. According to that suit, Archuleta was not certified to carry a gun when he shot Tenorio following a dispute at the drive-thru window.

Now, nearly three years later, a grand jury has indicted Archuleta for voluntary manslaughter. KRQE News 13 reached out to the Sandoval County District Attorney to find out why the charges are coming now, but are still waiting to hear back.

In the lawsuit, Tenorio’s family also names Whataburger and the security company “No Stone Unturned” for not making sure Archuleta was properly trained and qualified.