An elderly man’s act of raring back his cane at his wife did not constitute assault, the Halifax County Sheriff’s Office said this morning.

His wife’s actions, allegedly hitting him in the head with a cast iron frying pan and leaving him with 50 stitches, outweighed her husband’s actions, Lt. Bobby Martin said.

Because of these factors, 85-year-old James Lewis of Enfield, was not charged.

His wife, Rosie, 71, who was released from jail yesterday, was charged with assault with a deadly weapon inflicting serious injury.

Martin explained to The Spin just because the man drew back his cane it doesn’t mean assault. Assault means someone was struck. Had the man swung and missed that would mean attempted assault.

It was possible, however, Mrs. Lewis did feel threatened by the act, Martin said. “She went beyond that,” he said. “She took it up another level.”

Martin said in domestic situations, officers look for certain signs, signs of a struggle, signs of injury to both parties. The only evidence was Mr. Lewis was struck, he said.

Had the man swung at her, Martin said, “We would have probably had two people in jail. It was an unfortunate situation, especially dealing with the elderly. The law is the law and we have to go by it.”

The situation stemmed from an argument over breakfast last Friday at the couple’s house in the 5000 block of Justice Branch Road.

Martin said yesterday Lt. Stevie Salmon learned there was an argument earlier in the morning, which is believed to have started over breakfast, when the victim did not like what was cooked for him.

Mrs. Lewis cooked the victim another meal. While this was going on another argument took place and escalated when Mr. Lewis picked up his cane and drew back in an attempt to strike Mrs. Lewis.

Mrs. Lewis picked up an iron frying pan and hit her husband on the head several times, knocking him to the floor and causing a head injury.

The victim was carried to Halifax Regional Medical Center in Roanoke Rapids where he received 50 stitches.

The last check of the victim was that he was doing well.