‘I’ll pay you,’ diner told waitress — but he grabbed a knife, not his wallet, Mass. cops say

Gerardo Menjivar, pictured, faces assault and battery charges in Chelsea, Massachusetts.
Gerardo Menjivar, pictured, faces assault and battery charges in Chelsea, Massachusetts. Chelsea police

All the Massachusetts waitress did was remind a diner to pay.

But by the time Gerardo Menjivar, 36, was through with her, Menjivar's knife attack had left the waitress with a 3 to 4 inch gash on her neck and a wound nearly as long on her hand, according to the Suffolk County District Attorney’s Office.

Menjivar had left Las Pupusas Del Chino, a restaurant in Chelsea, Massachusetts, without paying his bill on May 7 around 11 p.m., prosecutors said. When the 34-year-old waitress followed Menjivar outside to confront him and remind him to pay, Menjivar told her “If you want me to pay, I'll pay you,” prosecutors said in court on Thursday — and then he grabbed the waitress by the arm, twisted her, dragged her into the car and began to drive off, NBC Boston reports.

From there the situation only got more violent, Suffolk County prosecutors said.

“OK, I'm going to pay and I'm also going to kill you,” Menjivar told his victim, according to prosecutors. That’s when he released the waitress and reached for what the waitress assumed was his wallet. Instead, though, her attacker whipped out a knife, which he used to stab her neck and hand, NBC reports.

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As the woman ran bleeding to a nearby home and desperately rang the doorbell for help, Menjivar fled, prosecutors said. First responders treated the waitress at the scene and then she was taken to Massachusetts General Hospital in Boston. Prosecutors said she is expected to live.

It took days to track down Menjivar, who is a resident of Lynn, Massachusetts. He was arrested May 10 in Beltsville, Maryland, more than 500 miles away from the reported crime scene.

Law enforcement used video footage and tips from the public to identify Menjivar and get a warrant for his arrest, prosecutors said. Then U.S. marshals caught up with him in Beltsville and made the arrest. In Menjivar’s car, investigators uncovered a Husky brand knife, which prosecutors said could be the weapon he used to attack the waitress, according to NBC.

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Menjivar waived extradition proceedings the very next day in court, according to Suffolk County prosecutors. He was brought back to Massachusetts this week.

In Chelsea District Court, Menjivar faces charges of armed assault with intent to murder and assault and battery with a dangerous weapon. He pleaded not guilty to the charges on Thursday, WHDH reports.

Menjivar is being held on $100,000 bail, Patch reports. If he posts bail, Menjivar will have to wear a GPS monitor and stay away from the alleged victim and the crime scene.

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