NAPLES, Fla. (CBS Tampa) – A man was arrested after police say he refused to pay for his cup of soda at McDonald’s.

Mark Francis Abaire, 52, was arrested on April 19 and charged with petty theft, trespassing, and disorderly intoxication.

According to Naples police, Abaire asked an employee at a local McDonald’s for a cup of water. Instead of filling the cup up with water, Abaire filled it up with soda.

When the manager asked Abaire to pay for the soda he refused to do so. He also refused to leave and cursed at the manager.

Abaire, who also goes by the names of “Red” or “Clown,” had been arrested prior to this incident. His petty theft charge has been upgraded to a felony due to other misdemeanor convictions.

Abaire could face up to five years in prison.

He is currently in custody and is scheduled to return to court on May 14.