MAN ARRESTED AFTER BRAWLING WITH CLERK OVER $1 GAS DISPUTE

A convicted felon is back in jail after brawling with a convenience store clerk Thursday night over $1.03 worth of gas. The incident, which took place at about 10:45 p.m. at a Circle K on South Nova Road near Daytona Beach, was witnessed by a customer who called 911 to report the altercation. “We just pulled up and he grabbed one of the car squeegees and went after the guy working in the store,” the witness told a Volusia County Sheriff’s Office dispatcher. “I think he was screaming about his money or something.”

Two minutes later the 23-year-old clerk called 911 to summon deputies to the store, saying the customer had whacked him on the back of the head with a squeegee over a one dollar dispute. “I just had a belligerent customer who’s attacked me with a gas stick at my gas station,” the clerk said. Attempting to clarify the situation, the dispatcher asked if the assault was part of a robbery. “He just attacked me after I didn’t give him his dollar,” the clerk explained. The defendant, 32-year-old Lawrence Toby of Daytona Beach, was still at the store when deputies arrived at 10:51 p.m.

According to the clerk, Toby pre-paid for $10 worth of gas and then went to his car to pump the gas. However, after two different pumps failed to work, Toby returned to the store to ask for his $10 back. The clerk, however, told Toby that his records showed that $1.03 worth of gas had been pumped. The clerk offered to give the man $9 in change, but a heated argument broke out as Toby demanded a full refund. The clerk eventually flung the $9 at Toby, who became incensed and grabbed the victim. The two began wrestling, and several store displays got knocked over in the process before Toby stormed out. A moment later, however, Toby returned with a squeegee and whacked the clerk on the back of the head as the clerk tried to block Toby from coming back into the store. When deputies asked Toby for an explanation, he said he simply over-reacted to the clerk flinging the $9 at him. Deputies charged Toby with battery and criminal mischief. They also added a probation violation charge after learning that Toby is serving two years probation for pleading no contest in 2008 to false imprisonment and aggravated battery. Toby was being held at the Volusia County Branch Jail in Daytona Beach.