Two pizzerias fined for not reporting murders of pizza delivery drivers


Gary, Indiana – In a strange report stemming from Indiana, apparently not one – but two – pizzerias are getting fined for not reporting the murders of two employees to OSHA that were killed while on the job.

Both employees killed were delivery drivers, and OSHA said the lack of a report prevents them from being able to accurately report on the hazards associated with delivering pizza.

The Occupational Safety and Health Administration, or commonly referred to as OSHA, has slammed two Indiana-based pizza joints for not “promptly reporting” for the fatal shootings of 60-year-old Phillip Hearne and 30-year-old David J. Shelton.


On October 26th, 2019, Phillip Hearne was shot to death in his vehicle during a robbery that happened while the man was out delivering pizzas.

Rico’s Pizza, located at 5404 W 25th Avenue in Gary, who employed the driver is now being fined $750 for not immediately notifying OSHA of the work-related fatality.


According to law, failure to report any kind of work-related death to the administration could potentially result in fines. Sadly, no arrests have been made regarding the murder of Hearne.

Luigi’s Pizzeria, located at 3806 Broadway in Gary, is also getting fined $1500 by OSHA. David J. Shelton was also a delivery driver and was gunned down in a robbery on November 24th, 2019.


While out for a delivery near the 3700 block of Washington Street, Shelton was allegedly killed by two suspects that police arrested.

The two in custody, 21-year-old Terryante A. Flournoy and 20-year-old Ciontay J. Wright, were both charged with murder and robbery resulting in serious bodily injury.


When one thinks of dangerous jobs to perform, typically pizza delivery isn’t one of the first ones to come to mind.

Yet, with two murders roughly a month apart from each in a single city, it compels one to examine why it is in fact dangerous at times. Delivery drivers are often considered to be easy targets for would-be criminals looking to get some fast cash.

It’s not uncommon for drivers to have, on a busy night, a hundred or more dollars in cash on hand if they’d just ran several concurrent deliveries.  

Plus, with the ability for drivers to literally be lured to various destinations, they also serve as a target to be essentially ambushed.

While OSHA has not commented on why there was a variation at the fines levied between the two establishments, they made their point crystal clear. That point being that would-be employees deserve to know the risks associated with taking on a delivery driver job.

If anyone can furnish any information relevant to the shooting death of Phillip Hearne, please contact the Lake County/Gary Metro Homicide Unit at 219-755-3855. If you have information and wish to remain anonymous, you can call 866-CRIME-GP.

Last month in Charlotte, North Carolina, four young men attempted to rob a pizza delivery guy, and it was probably the biggest mistake they’d ever made.

Police said the boys ambushed a 49-year-old pizza delivery guy who was making a delivery to an apartment complex.  One of the boys had a rifle and pointed it at the delivery man while demanding money.

The delivery guy pulled out his own firearm and protected himself, shooting three of the boys during what’s being called a “scuffle.”

The boys ran away and the delivery driver called 911 to report the incident.

Police caught two suspects near the scene right away.  A third was located at a laundromat nearby shortly after. 

The fourth suspect was found about an hour later, when he reportedly arrived at the local hospital.  Apparently, he was dropped off because of a gunshot wound.

Nemiah Zante McInnis, 20-years-old, was treated for non-life-threatening injuries.  He was released and turned over to the Mecklenburg County Sheriff’s Office.  According to the North County Bookings website, McInnis was also charged with possession of cocaine recovered during this incident.

Two pizzerias fined for not reporting murders of pizza delivery drivers

McInnis has a long rap sheet, with convictions including resisting police, larceny from a motor vehicle, possession of a stolen vehicle, and motor vehicle theft.

Toybyus James Banks, 18-years-old, was shot during the altercation and has reportedly not yet been released from the hospital.

The third suspect who was shot was a 15-year-old male.  He was treated for his injury, released from the hospital, and taken into custody by the Charlotte-Mecklenburg Police.  He was transported to a juvenile detention facility.

The fourth suspect, who was not shot, was a 16-year-old male.

The pizza delivery driver wasn’t injured during the assault.

All four of the boys will be charged with robbery with a dangerous weapon and conspiracy to commit robbery with a dangerous weapon.  The 16-year-old will be tried as a juvenile due to the state’s new Raise the Age law, which took effect in December.

Police were able to determine that the rifle was actually a toy gun that had been painted to look real.

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