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BURBANK (CBSLA.com) — A 24-year-old man was charged Tuesday with elder abuse for allegedly punching a 78-year-old man in the face over Nutella waffle samples at Costco.

Derrick Gharabighi of Burbank is scheduled to be arraigned Tuesday on charges of felony elder abuse and personal infliction of great bodily injury against a person over 70, Burbank police spokesman Sgt. Claudio Losacco said.

Gharabighi remains in custody on $50,000 bail.

Burbank police officers were sent out to Costco, 1051 W. Burbank Boulevard, Sunday at about 10:50 a.m. and met with the victim, who had suffered a significant cut and swelling to his left eye, Losacco said. He told officers he was reaching for a Nutella waffle sample when another man – later identified as Gharabighi — took several samples off the table.

When the 78-year-old man told Gharabighi he wanted a sample and that he shouldn’t take so many, Gharabighi punched him in the face, Losacco said.

Police say there is no video footage of the incident and Gharabighi’s booking photo will not be released. The victim and his family are not interested in speaking about the incident, Losacco said.

If convicted as charged, Gharabighi faces a possible maximum sentence of more than 11 years in state prison.

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