Video posted on Facebook appears to show the off duty deputy being detained by police.
According to the Santa Clara Police Department, officers were called to the fast food franchise at 911 El Camino Real around 2:40 a.m. Sunday, January 10, on reports of an altercation between an employee and a drive-thru customer, identified as Benjamin Lee.
Lee was charged with allegedly brandishing a firearm and driving under the influence of alcohol, police said. The sheriff’s deputy, who has been placed on administrative leave, was booked into the Santa Clara County Main Jail and released later the same night.
It was unclear if the firearm used in the alleged incident was Lee's service weapon.
The Santa Clara Police Department is conducting a criminal investigation while the Sheriff’s Office is conducting its own internal investigation into the allegations.
Santa Clara police on Monday said the video was shot by a bystander who later posted it online.
No other information was immediately available.