Mickey Dee's has had free refills for years, as do most establishments with self serve drinks so while I don't know the mind of the worker it is completely plausible that he did not know he had to pay for refills. Had he been warned before, or had he refused to pay I can see the ticket but to go full jackboot on what could easily be an honest mistake speaks to just how out of control Feds and Cops have become.
Yes, a warning and make him pay the 89 cents for the refill would be reasonable. If they had warned him before, I’m sure that would have been reported. Of course it’s not to late for them to think of that and claim that he had been previously warned. Check for updates on this story.