MIAMI (CBSMiami) – A 72-year-old man is facing charges Thursday after he is accused of pushing another elderly man out of a Miami Beach condo elevator.

The arrest form says Nachum Gross and his wife were inside an elevator in the building where they live, the Portofino Tower, when the elevator stopped and another man attempted to enter.

Police said it happened as the elevator went down to the 32nd floor.

The victim, who is 86 years old, attempted to step into the elevator when Gross attempted to stop him, police said.

Authorities said Gross pushed the victim out by his arm and chest causing him to stumble backward.

The arrest report says the victim collided into a glass table, causing a large bruise to his right upper thigh area.

Gross faces a charge of aggravated battery on an elderly person.

The condo association had mandated only two people per elevator due to coronavirus to ensure social distancing.

Video shows Gross and another elderly man have an exchange as he tries to enter the elevator, Gross signals “two.”

Attorney Michael Grieco says, “My concern is that law enforcement made a huge mistake by arresting somebody for protecting himself in this world of COVID every human being is a lethal weapon.”

Gross’ lawyers say his client was protecting himself and his wife. A classic case of “stand your ground,“ says the lawyers.

Michael Grieco says, “In Florida to be arrested for any sort of batter there has to be an unlawful touching. There was no unlawful touching. He was within his rights to defend himself and his wife.”

Gross turned himself in to Miami Beach police after being charged. He spent a short time in the county jail, bonded out, and had nothing to say.

Lawyer says, “They decided to put handcuffs on a 72-year-old man who has health risks and put him in the Miami-Dade jail. It is a terrible decision beyond bad optics.”

Apparently, Gross tried to apologize to the 86-year-old victim. We are told they have known each other for years.

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