A fight outside a Tempe In-N-Out Burger turned into gunfire just after midnight Sunday, leaving one man struck by bullet fragments and police searching for a suspect who ran from the scene. Officers responded to the restaurant near Baseline Road and Calle Los Cerros, east of 48th Street, after reports of a physical altercation among a group of men.
According to AZ Family, Tempe police say one man pulled out a gun during the struggle, and the weapon discharged as the men fought over it, striking another man with bullet fragments. The suspect fled before officers arrived, and as of the latest update, his identity has not been established. Investigators have not said whether restaurant surveillance footage captured the confrontation.
Victim Treated and Released
The injured man was taken to a hospital, where he was treated and later released, KTAR reports. Tempe detectives continue searching for the suspect, and the investigation remains ongoing. 12 News reported that officers were dispatched around midnight to the reported fight, which happened along the busy Baseline Road commercial corridor west of Interstate 10.
The In-N-Out at the center of the incident, located along Baseline Road, opened in December 2020 as the chain's second Tempe location, per In-N-Out Burger's own announcement of the store. The restaurant offers drive-thru service and stays open on weekends until 1:30 a.m.
Second High-Profile Incident at a Tempe In-N-Out This Year
This is not the first time a Tempe In-N-Out has made headlines for violence in 2026. In July, a brawl broke out inside the chain's other Tempe location at Rural Road and Playa del Norte Drive, sending frightened customers running for cover before the participants fled, according to FOX 10 Phoenix. Video of that fight circulated online after customers found themselves sheltering inside during a monsoon storm.
Public gunfire has cropped up elsewhere in Tempe this year, too. In August, police responded to a shooting near Lemon Street and Stanley Place close to Arizona State University, where gunfire struck a parked vehicle and a nearby building without injuring anyone, as Hoodline previously reported. No arrests were immediately announced in that case. Further back, in September 2024, officers shot and killed a man along the 1100 block of W. Baseline Road after responding to a 911 threat call involving a handgun, according to FOX 10 Phoenix reporting at the time.
Potential Charges Under Arizona Law
If the suspect is caught, he could face serious charges under Arizona law. Discharging a firearm within city limits with criminal negligence falls under Arizona Revised Statutes § 13-3107, known as Shannon's Law, a Class 6 felony that can carry up to three years in prison if charged as a dangerous offense, according to the Tamou Law Group. Separately, pulling a gun during a physical fight and causing injury could lead to a felony aggravated-assault charge with a deadly weapon, per the Grand Canyon Law Group.
A City Where Violent Crime Has Been Trending Down
The shooting comes even as citywide crime statistics have been moving in a more favorable direction. Tempe Police Department data published in March showed that overall violent crime in the city fell 8.6 percent in 2025 compared to 2024, with aggravated assaults down 14.5 percent and total NIBRS Group A offenses dropping 14 percent, according to the Arizona Digital Free Press. City officials credited the decline to targeted enforcement strategies by specialized police units.
For now, the suspect from Sunday's shooting remains unidentified, and Tempe police have not said whether they have leads on his location.
