Police say the Feb. 26 argument turned physical before shots were fired near the front door.
MOBILE, AL — A Subway employee accused of shooting a customer during a fight inside a Mobile sandwich shop has pleaded not guilty, and a judge has set a preliminary hearing as police continue reviewing video from the store.
The shooting happened late Feb. 26 at a Subway on Dauphin Street, according to Mobile police and local reports. Investigators have said the dispute started as an argument and escalated after the customer threw a chair and other items. The customer was hospitalized with life-threatening injuries but later stabilized, police said. The employee, 31-year-old Markeas Bernard, stayed at the scene and was arrested on a first-degree assault charge. His bond was set at $30,000, and the case is now moving through Mobile County court.
Police said officers were called to the Subway at 3067 Dauphin St. at about 9:52 to 9:53 p.m. after reports of shots fired. When officers arrived, they found an adult male with multiple severe gunshot wounds, authorities said. The injured customer was taken to a hospital for treatment. Early reports did not name the victim, and authorities did not release details about how many shots were fired or what type of firearm was used. Investigators also have not said whether anyone else was struck by debris or injured while trying to get out of the restaurant. One other customer was inside during the shooting and was not injured, police said.
Accounts from investigators describe a confrontation that moved across the store. Police have said the customer became upset with an employee, later identified as Bernard. What sparked the argument has not been made public. Investigators said the customer picked up a chair and other objects and began throwing them at Bernard. Authorities said the two ended up at the front door during the altercation, and that is when Bernard opened fire. A person described by a local station as having knowledge of what happened told the station the customer jumped over the counter, but Mobile police did not confirm that detail. Police said they are reviewing footage from inside the Subway to better document what happened and when.
Bernard remained on scene and was detained without further incident, according to police statements and local coverage. He was taken to the Mobile Metro Jail and charged with first-degree assault. Jail records and reports said his bond was set at $30,000. Court records referenced in local reporting show Bernard was scheduled to appear in court March 3, the same day he entered a not guilty plea. A judge set a preliminary hearing for March 31, a step where prosecutors typically present evidence to show there is enough to move the case forward. Authorities have not publicly said whether surveillance video, witness statements, or physical evidence will be presented at that hearing.
In Alabama, first-degree assault is among the most serious assault charges and generally involves allegations of causing serious physical injury, often with a deadly weapon. The law sets out several ways the charge can be applied, including situations where a person is accused of intentionally causing serious injury by means of a deadly weapon or dangerous instrument. The charge is a Class B felony under Alabama law, and sentencing ranges can vary based on the circumstances of the case and a defendant’s history. In this case, police have said the customer’s injuries were initially considered life-threatening before doctors stabilized the victim. Investigators have not released the victim’s identity, age, or current condition beyond those updates.
The Subway sits in a strip mall along Dauphin Street, a busy corridor in Mobile lined with restaurants, shops, and neighborhood businesses. After the shooting, police tape was visible outside the storefront in early coverage, and photos from the scene showed signs of a struggle inside, including an overturned chair and items scattered on the floor. Officers have not said how long the confrontation lasted or whether any employees tried to separate the men before shots were fired. Police also have not said whether the business was open to walk-in customers at the time, or how many people were inside when the dispute broke out late Thursday night.
For investigators, the next steps center on pinning down a clear timeline and separating verified evidence from secondhand accounts. Police have said they are reviewing interior video, which could clarify where each person was standing, whether objects were thrown multiple times, and the moments leading up to the gunfire. Detectives also typically collect statements from witnesses and employees, and they may seek medical updates to document the injuries described as severe. It remains unclear whether any additional charges could be filed, whether prosecutors will argue the case involves intentional conduct, or whether the defense will raise claims related to self-defense. Authorities have not provided details about any prior relationship between the employee and the customer or whether the customer had been in the store earlier that day.
The case has drawn attention because it unfolded in a familiar setting: a fast-food counter during a routine night of business. In the space of minutes, police said, a verbal dispute turned physical and then turned into a shooting, leaving a customer wounded and a worker behind bars. Residents in Mobile are used to seeing police investigate shootings across the city, but incidents inside a restaurant can shake patrons and employees who see such places as low-risk, everyday stops. Police have not said whether the Subway has reopened, whether other employees were working alongside Bernard, or whether the store has offered cooperation beyond providing video. The Subway company has not been cited in local reports as issuing a public statement about the incident.
As of Wednesday, Bernard remained charged with first-degree assault, with his preliminary hearing scheduled for March 31. Police have said their review of in-store footage is ongoing, and key questions about what started the argument and exactly how the fight unfolded have not been publicly answered.
Author note: Last updated March 4, 2026.