Off the Beat: Who battered whom?

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On Oct. 13, a 76-year-old man was working out on an exercise machine at an area gym when a 70-year-old man approached him and allegedly asked, “Are you going to sit there all day?”

The 76-year-old said he’d “get up as soon as he’s finished.”

He said the Younger Older Man “then got about half an inch from [the Older Older Man’s] face and began yelling at him.”

And next, according to the Older Older Man, the Younger Older Man “grabbed his arm and twisted it, causing it to bruise up and bleed.”

The Older Older Man told a DeLand police officer investigating the events that he wanted to press charges.

Next, the police officer got the Younger Older Man’s version of what had happened. Younger Older Man said he wanted to use an exercise machine that but he went and worked out on another machine. When he came back to the first machine, Older Older Man was sitting on the machine looking at his phone. Older Older Man was using,

Younger Older Man finally asked Older Older Man how long he’d be on that machine, and the latter said “he’ll leave when he is finished” and pushed the former away with a water bottle.

Younger Older Man told the officer he never touched Older Older Man.

The officer watched video from a closed-circuit television to find out what had actually transpired. It showed Older Older Man “shov[ing] [Younger Older Man] on his left shoulder. [Younger Older Man] in return grabs [Older Older Man’s] arm and pushes it away in a twisted motion.”

So Older Older Man, who wanted to press charges, seems to have been the first of the two men to touch the other one. In other words, Older Older Man was the primary aggressor.

But Younger Older Man didn’t seek to press charges, and police didn’t arrest either of the men.

If Younger Older Man had thought differently, would Older Older Man have been charged with battery on a person over age 65 — even though the supposed aggressor was well above the age of 65 and his supposed victim was younger than him (although also over 65)?

— By Keith Allen, based on local police-agency reports. If you have information about a crime, call Crime Stoppers, 1-888-277- TIPS. You could be eligible for a reward.

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