A 64-year-old Florida man is facing up to 30 years in prison for pouring two glasses of water on his brother.
David Sherman Powelson was arrested last week and charged with one count of first-degree felony aggravated battery on a person 65 or older — even though he is a year younger than his 65-year-old brother.
Just after 8:30 p.m. on February 15, police responded to a 911 call about a “physical domestic dispute” Powelson had shared with his brother, which he had not publicly named.
When officers arrived, they quickly learned that Powelson was an “exasperated battery” who had poured two cups of water on his brother to “cool him down” because he was angry that his brother had eaten a key lime pie that had been sitting in the refrigerator. for several days. The brother said that he had saved the cake.
“The victim became upset and an argument ensued,” deputies wrote in an affidavit obtained by Law & Crime. “Sitting in the chair, David [Powelson] He emptied two large glasses of water over the victim. The victim was scared [Powelson’s] Aggressive behavior causes him to be physically harmed and or killed.
According to the report, the deputy noted in the affidavit that the victim “did not suffer any injuries during the altercation” because “only water was thrown on the victim.”
Still, Powelson was transported to the Lee County Sheriff’s Office Jail and booked.
Florida law increases the misdemeanor crime of battery when a person “willfully or intentionally causes great bodily harm, permanent disability or permanent disfigurement” to aggravated battery — unlikely to come from two cups of water.
If convicted, the charge carries a “prison sentence of at least three years” and a maximum of 30 years in state prison, along with a fine of up to $10,000.
