The victim, a 71 year old Cudjoe Key man, told Deputy Martin Harbin he was working his booth at the flea market just after 1 p.m. when 56 year old David Maxwell became agitated. The victim said Maxwell kept walking up and down in front of his booth calling the victim a “cheap Jew”. Maxwell reportedly walked through the victim’s booth twice repeating the insult; the victim said he finally told him not to enter the booth again.
According to the victim, and witnesses in the area, Maxwell pushed the victim twice; the victim struck Maxwell in the face. Maxwell pushed the victim again and the victim’s wife started screaming. Two off duty police officers who happened to be in the area – Key West Police Lt. David Smith and Deputy Nicholas Abroe - intervened, holding Maxwell down until Deputy Harbin arrived. Maxwell continued to struggle with the officers while they detained him.
Maxwell was charged with aggravated battery of an elderly person, battery, showing evidence of prejudice in the commission of a crime and resisting arrest. He was booked into jail.