Florida Man Charged With Felony Battery After Throwing Ketchup Packet at Stranger

A man from Florida is now facing serious charges after allegedly assaulting someone with a ketchup packet.

Austin Simmons was taken into custody on January 19 at a bus stop in St. Petersburg. The incident unfolded when Simmons threw an open ketchup packet at another individual, as detailed in an arrest affidavit provided by the St. Petersburg Police Department to Oxygen.

The 28-year-old Simmons was reportedly asleep at the terminal when a concerned passerby approached him, thinking he might have lost consciousness, the affidavit states.

Upon being awakened, Simmons, described as “irate” in the affidavit, moved toward the man and launched the ketchup packet at him, leaving stains on the victim’s jacket. Officers later discovered the packet on the ground, its contents spilling out, the document noted.

According to the same affidavit, Simmons, identified as a transient, acknowledged giving the man the ketchup but denied any aggressive intent or contact.

Additionally, Simmons was charged with drug possession after authorities found what they identified as 0.3 grams of cocaine during a search, as mentioned in a second affidavit sent to Oxygen by the police. Legal records accessed by Oxygen reveal that Simmons has a prior battery conviction from 2019.

A public defender for Simmons did not immediately return a request for comment from Oxygen

In a motion to reduce bond, the public defender wrote: “Although the case is a felony battery, the alleged facts of this case are that Mr. Simmons threw a ketchup packet at the alleged victim.” She also wrote, “Defense Counsel is not aware of a prior battery for Mr. Simmons and the arrest complaint does not list a County or State for the prior battery charge.”

Simmons is in custody on a $10,000 bond and a no-contact order was issued between Simmons and the alleged victim. Simmons will next appear in court for a motion hearing on Feb. 13.

In Florida, felony battery (prior conviction) carries a potential sentence of up to five years in prison, while possession of cocaine can be punishable by up to five years in prison or five years of probation. 

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