A 75-year-old Florida man faces serious criminal charges after police say he pepper sprayed six people, including children, at a pet store in Gainesville when they ignored his attempts to engage them.
Marshall Avener has been charged with aggravated battery and child abuse following the incident at the Pet Supermarket on NW 13th Street, according to the Gainesville Police Department.
Background
The encounter began innocuously enough. Avener approached several children inside the store around 8 p.m. and asked if they wanted to pet his dog. When the children ignored him, authorities say he made an "inappropriate" comment, asking them instead if they wanted to "pet him."
The children's father confronted Avener over the remark, and the family began walking away from the situation. According to witnesses, that's when the incident escalated dramatically.
"He tried to touch a child from another family," police said in their probable cause arrest affidavit. "This sparked an argument with several people inside the store."
That's when Avener allegedly pulled out a bottle of pepper spray and deployed it "recklessly" inside the crowded retail location. Six individuals, including multiple children, were hit by the chemical agent.
"He continued to deploy the pepper spray as he ran out of the store," the affidavit stated. "Then he drove away."
The Investigation
Gainesville Police responded to the scene and immediately launched an investigation. Officers quickly tracked down Avener at his residence and took him into custody without incident.
After receiving his Miranda rights, Avener offered a statement to investigators. He claimed he used the pepper spray because one of the men was "chasing him out of the store."
"He told officers he did not know why he made the inappropriate comment," police said in the affidavit. "Avener denied touching any children and accused the victims of lying about his actions."
The Alachua Chronicle obtained the probable cause arrest affidavit detailing the encounter.
Key Takeaways
- Marshall Avener, 75, has been charged with aggravated battery and child abuse
- Six people, including multiple children, were hit by pepper spray inside the Pet Supermarket
- Police say Avener approached kids asking them to pet his dog, then made an inappropriate remark when they ignored him
- Witnesses allege he attempted to touch a child from another family before deploying the chemical spray
- He is being held in Alachua County Jail without bond and has a public defender appointed to represent him
What's Next
Avener remains in custody at the Alachua County Jail following his arrest. A public defender has been appointed to represent him, though his next scheduled court date was not immediately available. The case is still in its early stages, and additional details may emerge as prosecutors review the evidence gathered by Gainesville Police.