Wendy’s employee, Antoine Kendrick, has been hit with a second-degree murder charge after an elderly customer he punched in the face last month died from his injuries

According to NY Post, Antoine Kendrick, 35, had taken the victim’s order back on July 26 when the customer complained about their meal.

Surveillance footage shows Antoine going around the counter and sucker punching the 67-year-old customer in the side of the head while he was hunched over the counter licking a frosty.

The victim was airlifted to a local hospital in critical condition, but passed away on Aug. 5.

Antoine had previously been charged with aggravated assault but the charge has since been upped to second-degree murder.