A 75-year-old Gainesville man has been charged with multiple criminal charges after police say he pepper sprayed five adults and attempted to arrest a four-year-old boy during a confrontation inside a Florida pet store. This case was first reported Alachua ChronicleCiting an arrest report from the Gainesville Police Department.
Controversy increased after comments on children
According to the arrest report, officers responded to the Pet Supermarket on Northwest 13th Street on July 8 at approximately 7:50 p.m. after receiving a report of an assault involving pepper spray.
Police said Marshall Scott Avener approached a family with his dog and asked two children if they wanted to pet him. When the children did not respond, investigators said Avner asked another question, asking if they “wanted to pet the guy instead.”
The children’s father told police that he considered the comments inappropriate and instructed Avener to leave his family alone. Investigators said the exchange continued after Avner moved to another part of the store before returning to confront the father three separate times.
According to witnesses, the confrontation reached another point when Avner allegedly reached towards a four-year-old child. The father stopped him and shouted that he could not touch any of the children.
Store filled with pepper spray and released outside
Police said Avener took out a can of pepper spray and sprayed it in the father’s face near the checkout area. Two store employees standing near the registers were also hit by the spray.
Family members told authorities that the confrontation continued outside after the father left the store. Investigators said Avner sprayed pepper spray again before walking toward his vehicle, hitting three additional people. The father chased him and Avener sprayed him once more before running away, police said.
Authorities recorded burns on several victims. The father had redness on his head and upper chest as well as a burning sensation in his eyes. Employees reported eye irritation, while others outside experienced irritation to their face, chest, neck and lungs after inhaling the spray.
Witness statements and arrest
Investigators relayed information about Avner’s vehicle before locating him at his residence. Police said several victims and a witness identified him through a photo lineup.
During questioning after receiving his Miranda rights, Avener admitted asking the children if they wanted to pet him, but said he did not know why they made the comments. He admitted returning after walking away to continue the argument but denied spraying anyone inside the store or attempting to grab the child.
He said others were lying and said he used pepper spray because he believed the father was attacking him. When asked why he never called 911, Avener reportedly responded that he probably should have.
Avner has been charged with aggravated battery resulting in bodily harm, child abuse without greater bodily harm and four counts of aggravated battery. according to Alachua ChronicleJudge William Davis ordered him held without bail pending a hearing on prosecutors’ request to keep him detained until trial. The charges will remain charges and Avenar will be considered innocent unless and until proven guilty in a court of law.
