A 75-year-old Florida man allegedly pepper sprayed a family at a pet store after making an “inappropriate” comment when they declined to pet his dog.
The Gainesville Police Department accuses Marshall Avener of aggravated battery and child abuse, according to a Facebook post. The incident occurred around 8 p.m. Wednesday at the Pet Supermarket on NW 13th Street.
Avener approached several children and asked if they wanted to pet his dog. When they ignored him, he made an “inappropriate” comment, asking if they wanted to “pet him instead,” cops said.
The children’s father confronted Avener, and the family began walking away. Witnesses said Avener allegedly tried to touch a child from another family, which sparked an argument with several people.
Avener took out a bottle of pepper spray and “recklessly” deployed it, cops said. Six people, including children, were hit by the spray.
A probable cause arrest affidavit obtained by the Alachua Chronicle said Avener kept deploying the pepper spray as he ran out of the store before driving away.
Cops responded to the scene and later tracked Avener down at his home, where they arrested him.
After receiving his Miranda rights, Avener allegedly said he used the pepper spray because one of the men was chasing him out of the store. He told cops he didn’t know why he made the inappropriate comment and denied touching any children. Avener accused the victims of lying about his actions.
Jail staff booked him into the Alachua County Jail, where he is being held without bond. The court appointed a public defender to represent Avener. His next court date was not listed.
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