RIO RANCHO, N.M. (KRQE) – A wrongful death lawsuit has been filed after a deadly confrontation at a Rio Rancho fast food restaurant.

According to the lawsuit, a truck pulled up to the Whataburger on Highway 528 in December, and the people inside the truck started getting belligerent with an employee at the drive-thru.

The lawsuit states an employee then told security guard Joe Archuleta to “take care” of the people inside the truck.

The passenger inside the truck, David Tenorio, got out and that’s when Archuleta shot him. Tenorio, who was unarmed at the time of the shooting, died weeks later.

Archuleta was working for “No Stone Unturned Security” which was contracted by Whataburger.

The lawsuit claims the security guard didn’t have the proper certification to work as an armed guard and the security company wasn’t registered to operate as a private patrol company.

Whataburger is also named in the suit.

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