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A man in Florida has been charged with felony battery after an unusual incident involving a ketchup packet.
On January 19, Austin Simmons found himself under arrest at a bus terminal in St. Petersburg. According to an arrest affidavit provided to Oxygen by the St. Petersburg Police Department, Simmons allegedly threw an open ketchup packet at another individual.
The 28-year-old Simmons was reportedly asleep at the terminal when the victim approached him out of concern, thinking he might have passed out, as detailed in the affidavit.
The affidavit states that Simmons, described as “irate” after being awakened, walked over to the man and tossed an open ketchup packet at him, resulting in the victim’s jacket being stained in two areas. Police discovered the packet on the ground with ketchup spilling out.
Simmons, who the affidavit identifies as a transient, admitted to providing the packet of ketchup to the man but denied hitting him with it, according to the police report.
Simmons was also charged with possession of a controlled substance (a white, chalky substance that police identified as .3 grams of cocaine) which was determined during a search, according to a second affidavit sent to Oxygen by the St. Petersburg Police Department. Prosecutors allege that Simmons has a 2019 conviction for battery, according to legal documents viewed by Oxygen.
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.