75-Year-Old Florida Man Asked Kids To Pet His Dog. Then Police Say He Pepper-Sprayed Five People

A 75-year-old Gainesville man is facing multiple criminal charges after police say he pepper-sprayed five adults and attempted to grab a four-year-old child during a confrontation inside a Florida pet store. The case was first reported by the Alachua Chronicle, citing an arrest report from the Gainesville Police Department.

Dispute Escalated After Comments to Children

According to the arrest report, officers responded to the Pet Supermarket on Northwest 13th Street at about 7:50 p.m. on July 8 after receiving reports of an assault involving pepper spray.

Police said Marshall Scott Avener approached a family with his dog and asked two children whether they wanted to pet it. When the children did not answer, investigators said Avener followed with another question, asking whether they wanted to "pet the man instead."

The children's father told police he considered the remark inappropriate and instructed Avener to leave his family alone. Investigators said the exchange continued after Avener walked away into another part of the store before returning to confront the father three separate times.

According to witnesses, the confrontation reached another point when Avener allegedly reached toward a four-year-old child. The father stopped him and shouted that he could not touch any children.

Pepper Spray Filled Store and Continued Outside

Police said Avener then pulled out a can of pepper spray and sprayed the father in the face near the checkout area. Two store employees standing near the registers were also struck by the spray.

Family members told officers the confrontation continued outside after the father exited the store. Investigators said Avener sprayed pepper spray again, affecting three additional people before heading to his vehicle. Police said the father followed him, and Avener sprayed him once more before driving away.

Officers documented irritation on several victims. The father had redness across his head and upper chest along with eye irritation. Employees reported burning eyes, while others outside experienced irritation to their faces, chest, neck, and lungs after inhaling the spray.

Witness Statements and Arrest

Investigators circulated information about Avener's vehicle before locating him at his residence. Police said several victims and a witness identified him through photo lineups.

During questioning after receiving his Miranda rights, Avener admitted asking the children whether they wanted to pet him but said he did not know why he made the comment. He acknowledged returning to continue the argument after walking away but denied spraying anyone inside the store or attempting to grab the child.

He maintained that 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 replied that he probably should have.

Avener has been charged with aggravated battery causing bodily harm, child abuse without great bodily harm, and four counts of battery. According to the Alachua Chronicle, Judge William Davis ordered him held without bail pending a hearing on prosecutors' request to keep him in custody until trial. The allegations remain accusations, and Avener is presumed innocent unless proven guilty in court.

This story was originally published by Men's Journal on Jul 14, 2026, where it first appeared in the News section. Add Men's Journal as a Preferred Source by clicking here.

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This story was originally published July 14, 2026 at 9:31 AM.