A Burlingame man used a nail gun to show two day laborers how bothered he was by the noise coming from their construction site on Thanksgiving Day, according to prosecutors.

Michael Timothy McHenry, 38, has pleaded not guilty to assault and vandalism charges in connection with the alleged attack in the 1500 block of Cypress Avenue.

McHenry allegedly confronted the day laborers, who had been working on a fence at the construction site, around 1:30 p.m., San Mateo County District Attorney Steve Wagstaffe said. He told them to stop making so much noise, Wagstaffe said, but the workers reportedly ignored him.

At one point, the workers reportedly heard the sound of a nail gun, turned, and saw McHenry shooting nails at their truck.

McHenry “then pointed the nail gun at the two victims and fired three nails at them, but missed,” Wagstaffe said.

Police were called to the scene, and upon McHenry’s arrest, the officers learned McHenry was wanted on an arrest warrant for misdemeanor criminal threats. He also has a trial pending for a drug possession case that is
unrelated.