Inset: Marshall Avener (Alachua County Jail). Background: The Pet Supermarket in Gainesville, Fla., where Avener allegedly deployed pepper spray (Google Maps).
A 75-year-old Florida man allegedly pepper sprayed a family at a pet store after he made an “inappropriate” comment when they refused to pet his dog.
Marshall Avener stands accused of aggravated battery and child abuse, according to the Gainesville Police Department. The incident occurred around 8 p.m. Wednesday at the Pet Supermarket on NW 13th Street.
Avener walked up to several kids and asked if they wanted to pet his dog. When they ignored him, he made an “inappropriate” comment, asking them if they wanted to “pet him instead,” cops said.
The children”s father confronted Avener and the family began to walk 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 pepper spray.
A probable cause arrest affidavit obtained by the Alachua Chronicle said Avener continued to deploy the pepper spray as he ran out of the store before driving away.
Cops responded to the scene and later tracked down Avener at his home. He was arrested.
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 did not know why he made the inappropriate comment and denied touching any children. Avener accused the victims of lying about his actions.
He was taken to the Alachua County Jail, where he is being held without bond. A public defender was appointed to represent Avener. His next court date was not listed.
