LEE COUNTY, Fla. (WKRC) - A man faces prison time for allegedly dumping two glasses of water on his brother during an argument over pie.
According to reports, David Sherman Powelson was arrested on Wednesday and charged with first degree felony aggravated battery on a person 65 years or older. A person convicted of this charge could face up to 30 years in prison and a $10,000 fine. The charge has a “minimum term of imprisonment of three years” if convicted.
Lee County Sheriff’s Office in Florida were called at around 9 p.m. Wednesday for a “physical domestic dispute,” according to reports. Police reportedly contacted Powelson’s older brother, identified only as “the victim” in court documents.
The victim allegedly told police that he was sitting in the living room when he noticed that Powelson ate a piece of the victim’s Key lime pie that “he was saving.”
“The victim became upset and an argument ensued,” police said. “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.”
Powelson allegedly said that the pie was left in the refrigerator for days and ate it, which started the argument.
“[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,'” police said. “[Powelson] proceeded to fill up another glass and dumped it on the victim in the living room.”
Police arrested Powelson, but said that the victim “did not suffer any injuries during the altercation” because “only water was thrown on the victim.”
According to Florida law, battery is enhanced to aggravated battery when a person committing battery “intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement,” or uses a deadly weapon.