A Florida man’s grocery trip ended with a felony arrest after deputies say he struck his 65-year-old roommate in the face with a Walmart bag containing a tub of ice cream. The disagreement began over several large plants the roommate was trying to fit into their Uber.
Burton Franklin McDonald, 60, was arrested October 17, 2026, after Marion County sheriff’s deputies responded to a disturbance at a Walmart in Ocala. The argument began as the two men attempted to load their purchases into the vehicle, according to an arrest affidavit.
The men were roommates living in a group home. Neither could drive, so they had taken an Uber to Walmart to buy groceries for their residence.
McDonald reportedly objected to the amount of space his roommate’s purchases occupied. By the time deputies arrived, the disagreement had escalated into a physical confrontation witnessed by their Uber driver.
The Plants, the Groceries and the Ice Cream
Deputy Branden Zarem responded to the Walmart at 9570 SW Highway 200, where he encountered McDonald and his roommate, 65-year-old Gilberto Miriti.
Miriti told the deputy that the argument began while they were loading their purchases into the Uber. He had bought several large plants and was attempting to fit them into the back of the vehicle when McDonald became upset about how much space his belongings occupied.
According to the affidavit, McDonald struck Miriti in the face during the disagreement. Miriti told the deputy he was unsure exactly what struck him, but that it was something hard.
Their Uber driver, Adliss Reyes Laya, told deputies he witnessed the confrontation. According to his account, McDonald struck Miriti in the face with a Walmart grocery bag containing a tub of ice cream.
Deputy Zarem documented slight redness on Miriti’s left cheek, which Miriti attributed to the blow.
Two Accounts of the Confrontation
McDonald did not deny striking his roommate when Deputy Zarem questioned him.
According to the affidavit, McDonald complained that Miriti’s purchases were taking up too much room in the Uber. He also claimed Miriti had “mouthed off” to him and nudged him in the side before McDonald struck him.
The Uber driver gave deputies a different account. Reyes Laya reported that Miriti never touched, pushed or struck McDonald.
Deputy Zarem cited the driver’s written statement, which corroborated Miriti’s account, along with the redness observed on the victim’s cheek.
The affidavit does not describe any additional injuries or indicate that Miriti required medical treatment.
Five Years Made a Felony Difference
McDonald was 60 when arrested. His roommate was 65.
Under Florida Statute 784.08(2)(c), a battery that would ordinarily constitute a first-degree misdemeanor becomes a third-degree felony when committed against a person 65 or older.
The law does not require prosecutors to prove that the defendant knew the victim’s age. A battery charge also does not require serious injury. An intentional, unwanted strike can satisfy the underlying offense if the other statutory elements are established.
A third-degree felony in Florida carries a potential prison sentence of up to five years.
McDonald was arrested on one count of battery on a person 65 years of age or older. The Marion County Sheriff’s Office booking record listed his bond at $1,000, with his next court appearance scheduled for November 17, 2026, at 9 a.m.
All parties are presumed innocent unless and until proven guilty.
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