A Florida man could spend decades in prison for pouring two glasses of water on his older brother during an argument over pie, Law & Crime reported.
David Sherman Powelson, 64, was charged with first-degree felony aggravated battery on a person 65 years of age or older, according to court records obtained by reporters. Lee County Sheriff's deputies responded to a home in the county's West District around 8:30 p.m. for a "physical domestic dispute."
The victim, Powelson's brother, told authorities he was sitting in his living room when he noticed his sibling ate a piece of key lime pie "he was saving."
“The victim became upset and an argument ensued,” an arrest affidavit reads. “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.”
When deputies spoke with Powelson, he explained the dessert was sitting in the fridge "for several days" and decided to eat it. The affidavit alleges that Powelson dumped water on the victim's head to "cool him down. " Deputies noted the victim didn't suffer "any injuries during the altercation” since it was just water.
Powelson was arrested and booked into Lee County Jail. Under Florida law, the charge is upgraded to a felony if committed against someone aged 65 or older. Anyone convicted of a first-degree felony in the state faces up to 30 years in prison and a maximum fine of $10,000. Aggravated battery of a person 65 or older carries a minimum of three years in prison.
No word on if prosecutors will proceed with the case.