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.
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