A 64-year-old Florida man is facing up to 30 years in prison for pouring two glasses of water on his brother during a fight over a slice of key lime pie.
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 less than a year younger than his 65-year-old brother.
Just after 8:30 p.m. on February 15, police responded to a 911 call to the home that Powelson shared with his brother, who has not been publicly named, over a “physical domestic dispute.”
When officers arrived, they quickly learned that the “aggravated battery” was Powelson pouring two cups of water on his brother to “cool him off,” as he had been infuriated that his brother ate a key lime pie that had been sitting in the refrigerator for several days. The brother said that he had been saving the pie.
“The victim became upset and an argument ensued,” deputies wrote in the affidavit, which was obtained by Law & Crime. “While sitting in the chair, David [Powelson] emptied two large glasses of water on the victim. The victim feared [Powelson’s] aggressive behavior would lead to him being 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 boosts the misdemeanor crime of battery to aggravated battery when an individual committing battery “intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement” — something unlikely to have come from the two cups of water.
If convicted, the charge carries a “minimum term of imprisonment of three years” and a maximum of up to 30 years in state prison, with a fine of up to $10,000.
