Gator wasn’t on the menu but one did make an appearance inside a Wendy’s just east of Loxahatchee in Royal Palm Beach. And it wasn’t by choice.

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A Jupiter man threw it through the restaurant’s drive-thru window, according to a Florida Fish and Wildlife Conservation Commission incident report.

It happened in October, but the suspect was just taken into custody by U.S. Marshals.

FWC officials say 23-year-old Joshua James pulled up for his order and after a server handed over a drink and turned around James reached into the back of his truck and tossed the 3-and-a-half foot gator through the drive-thru window.

The incident report showed a picture of the gator inside the restaurant.

James faces charges of aggravated assault and unlawful possession and transportation of an alligator.

FWC said James admitted to picking up the gator on the side of Southern Boulevard and bringing it to the fast food restaurant.

During his first court appearance Tuesday morning a judge ordered James to stay out of all Wendy's restaurants, to avoid contact or possession with any animals other than his mother's dog, to undergo a mental health evaluation and to avoid possessing any weapons. If he fails a random drug and alcohol test his bond will be rescinded. Bond was set at $6,000.

The alligator was later released in a nearby canal.