'Impaired' Roswell man threatened to shoot Arby's workers after they refused to give him free milkshake, police say

New Mexico police said that a Roswell man appeared to be "impaired" when he threatened to shoot workers at a fast food restaurant over a milkshake.

56-year-old Tommy Smith pleaded not guilty for the incident that unfolded in April.

'He told the workers that he would shoot them with the gun he had in his backpack.'

Fast food workers told police that Smith appeared to be in "an impaired state of mind” when he allegedly walked into the Arby's on the 1300 block of North Main Street and demanded a milkshake.

An employee told police that Smith said he wanted a free milkshake after being asked if he was willing to pay for it.

When the worker refused, Smith balled up his fists and walked into the restroom, according to the employee. When Smith came out from the bathroom, he told the workers that he would shoot them with the gun he had in his backpack if they didn't comply with his request.

Police arrived after workers called and reported the disorderly man, who they said was slurring his speech.

When police arrived, they found Smith sitting at a table, and they said he was stumbling and appeared to be impaired. They said that they did not find a gun in his backpack.

Police arrested him and charged him with attempted robbery, disorderly conduct, and public nuisance. He was booked into the Chaves County Detention Center. Chaves County Magistrate Court Judge K.C. Rogers set a bond of $2,500 for Smith.

Roswell is a city of about 47,000 residents in the southeastern part of New Mexico. It is best known for UFO conspiracy theorists who believe that there was an extraterrestrial vehicle that crashed there in 1947.

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