An elderly man who intentionally poured water over his also elder brother’s head during a row over who should get the last slice of pie is facing up to 30 years in jail because attacking an older person is automatically regarded as a serious offence.
David Sherman Powelson, 64, was reportedly seized by police from Lee County Sheriff’s Office, in Florida State, USA, on Wednesday, 15th February.
He was charged with one count of first-degree felony aggravated battery on a person 65 years of age or older for which he faces up to 30 years in state prison and a maximum fine of USD 10,000, according to state law.
The draconic charges followed after his brother who is reportedly over 65 years old made an emergency call saying he had been attacked in a fight over a piece of Key lime pie.
The older brother reportedly saw red when he noticed that Sherman was eating the last slice of the dessert that he had been saving for himself.
But when he confronted his brother, Powelson intentionally poured two glasses of water over his head after which the victim “feared David’s aggressive behaviour would lead to him being physically harmed or killed”, police reports state.
Florida State law reportedly raises crimes of battery to aggravated battery when an individual committing the crime “intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement”, or uses a deadly weapon.
As the victim called the cops he had no idea that he was putting his brother up for the experience of his life, as Florida state law reclassifies aggravated battery as a first-degree felony if the victim is over 65.
An individual convicted of aggravated battery on a person over 65 is reportedly subject to a “minimum term of imprisonment of three years.”
Powelson – now charged with first-degree felony aggravated battery on a person 65 years of age or older – is facing years behind bars.
A Sheriff’s Office affidavit of the dispute obtained by Newsflash said: “The victim became upset and an argument ensued.
“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.”
It went on: “[Powelson] was near the kitchen and decided to fill up a large glass full of water and dump it on the victim’s head to ‘cool him down’.
“[Powelson] proceeded to fill up another glass and dumped it on the victim in the living room.”
The victim did not suffer any injuries during the incident, according to the police.
Powelson was meanwhile booked in Lee County Sheriff’s Office Jail the same day.
