https://lawandcrime.com/crime/man-accused-of-dumping-water-on-brothers-head-to-cool-him-down-during-argument-over-key-lime-pie-faces-prison-time/

He'll probably be allowed to plead guilty to a lesser charge in exchange for probation, but it's ridiculous that he's facing up to thirty years in the first place

Tramp96 said:

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A fight over key lime pie? Who fights over key lime pie?

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Florida

They should have charged him with battery instead, since all that requires is offensive physical contact.

Too bad the Constitution is no longer in effect

Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

There has to be something else at play here, probably a previous history of convictions. Possibly involving the brother as a victim.

Quote:

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Florida law:

784.045 Aggravated battery.
(1)(a) A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.

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"great bodily harm"


Officers should left the situation alone or made one of them get a hotel.

Maybe the glass was right above his brother's head when he poured the water, which is why it was considered a deadly weapon, but that's still dumb for him to him to be charged with aggravated battery instead of battery.

Maybe the victim was a witch?

Yeah, or at a maximum arrested him for battery, not aggravated battery.

I looked him up in the Lee County court records and the Florida inmate search, and he doesn't have any prior convictions (he was previously charged with battery and resisting arrest in 2015, but those charges were dismissed through a pretrial diversion program). In this case, he was arrested on February 16th and was released on bond the same day.

Not a Bot said:

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Florida law:

784.045 Aggravated battery.
(1)(a) A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.

Yeah, there's no way in hell they can justify this charge.

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Did he heat it to 212F before pouring it?

The article said his brother wasn't injured.

Maybe he couldn't swim.

Florida's D.A. once again over charging on a meaningless crime.

Do Florida D.A's. know how to properly charge someone?
Or do they just go max sentence on all crimes committed?

No wonder why Casey Anthony got away with murder.

He's definitely been overcharged, but he'll probably get a plea deal for a lesser charge and probation.

Quote:

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Aggravated battery in Florida is normally a second-degree felony, but state law reclassifies it as a first-degree felony if the victim is over 65.

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Enhanced sentencing a conservative issue.
Vote liberal next time.

Meanwhile in Texas....
Precinct 4: Man shoots neighbor's home at least 46 times because dogs were 'barking all day'
Cheaper to litigate.

The aggravated battery law in Florida is fair, but it shouldn't have been applied in this case. Battery would have been a more reasonable charge, since there was offensive physical contact, but no injuries.

lethalninja said:

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The aggravated battery law in Florida is fair, but it shouldn't have been applied in this case. Battery would have been a more reasonable charge, since there was offensive physical contact, but no injuries.

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Old person is the thing.
A paid for, competent attorney could make it better.

They still could have charged him with battery against an elderly individual instead of aggravated battery against an elderly individual (the fact that his brother was elderly didn't increase battery to aggravated battery, but it increased the punishment range). I think they charged him with aggravated battery because they're saying the glass was the deadly weapon.

lethalninja said:

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They still could have charged him with battery against an elderly individual instead of aggravated battery against an elderly individual. I think they charged him with aggravated battery because they're saying the glass was the deadly weapon.

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You are correct.
Some prosecutors like to aim high, then split the difference later.
The higher charges are meant to beat down a suspect.

(Not looking this up, but using memory FWIW)
Felony charge might mean he cannot leave the county after bonding out, wearing an ankle bracelet and confined to his home for up to three years before this goes to trial.
This beats down a suspect.
He cannot travel, visit distant relatives, attend funerals or weddings without express, written permission from the court. After a few years of that a "deal" with probation or time served looks good.

Forget what I said earlier, he deserves 30,000 years, not 30. He's literally worse than Hitler.

Sounds like an odd retirement strategy.

Tramp96 said:

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Maybe the victim was a witch?

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Rossticus said:

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Tramp96 said:

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Maybe the victim was a witch?

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Quote:

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A 64-year-old man in Florida is potentially facing multiple decades in prison as well as thousands of dollars in fines for dumping two glasses of water on his older brother during an argument over some Key lime pie the older man was saving.

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Literally Hitler.

Cruel and unusual punishment should be brought back for this case alone. Thirty years is nothing compared to what he really deserves.

BQ78 said:

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That's not Florida Man! Florida Man would have chewed his brother's face off, not dump water on him.

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Yeah this is Weak Florida Man

He could have had a slip and fall. Consequences would have been catastrophic. As is I bet he still caught cold, poor guy.

Nothing less than thirty days in the stocks with thrice daily public flogging.

He should be charged with a hate crime. He tried to kill his brother for being a witch, but he somehow miraculously survived.

How can the cop or the prosecutors have any self respect after arresting and charging an old man for splashing water?

Buck Turgidson said:

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How can the cop or the prosecutors have any self respect after arresting and charging an old man for splashing water?

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