On Thursday night, a man attacked Republican New York gubernatorial candidate Rep. Lee Zeldin at a campaign stop.
The attack took place in Fairport:
Zeldin was giving a campaign speech at the VFW on Macedon Center Road in Fairport when a man got on stage, started yelling, wrestled with the congressman and pulled out a sharp object, according to witnesses.Among those who helped to subdue the attacker was Zeldin’s running mate, former NYPD Deputy Inspector Alison Esposito, said state GOP Chair Nick Langworthy.The Metropolitan Republican Club tweeted a picture purporting to show the object the man pulled, reportedly metal knuckles with knives shaped like cats ears. It can also be seen in a photo tweeted by Zeldin, who said the man told him, “You’re done.”Zeldin’s campaign said the attacker was taken into custody and the congressman continued his speech.
The suspect, David G. Jakubonis, was released on his own recognizance after being charged with second-degree attempted assault, which is a felony. The Monroe County sheriff’s office wrote:
Perinton, NY (July 21, 2022) – On July 21, 2022 at approximately 8:00 p.m., Representative Lee Zeldin was on stage giving a campaign speech at the Veterans of Foreign Wars Post 8495 at 300 Macedon Center Road, in the Town of Perinton. A male from the crowd climbed up on the stage and approached Zeldin. The male had a weapon in his hand, swung it towards Zeldin’s neck, and told him, “You’re done.” Members of the audience and Rep. Zeldin’s campaign restrained the male until deputies arrived and took him into custody. There were no injuries. The suspect is identified as David G. Jakubonis, 43 y/o, of Fairport.Jakubonis is charged with:Attempted Assault in the Second Degree (E-Felony)Jakubonis was arraigned in Perinton Town Court and released on his own recognizance.
Zeldin knew the release would happen.
Released on your own recognizance (ROR) means “a written promise signed by the defendant promising that they will show up for future court appearances and not engage in illegal activity while out on an ROR.”
Usually, a person can request a ROR for “non-violent and less-serious misdemeanor cases.”
Jakubonis is charged with a felony. Weird!
Well, bail reform in New York changed everything. I found great information on the Saland Law PC website.
The law splits crimes into two categories, Qualified Offenses and Non-Qualified Offenses.
The Qualified Offenses include violent and serious crimes and felonies.
However, even if the crime falls under Qualified Offenses, you don’t automatically receive bail (emphasis theirs):
Despite the above Qualifying Offenses, if you are accused of one of these crimes and arraigned on a felony complaint or indictment, the court must nonetheless release you unless there is a specific and individualized analysis and conclusion that you are is a risk of flight to avoid prosecution. Assuming this determination is made, courts are required to adhere to the least restrictive guideline to ensuring the alleged offender – you – return to court. CPL 510.10(1). Keep in mind that if an offense is a qualified one for the purpose of bail or remand, a judge may, barring a provision preventing such, still set a non-monetary condition of release or release you on your own recognizance. CPL 510.10(4). Your criminal lawyer should aggressively pursue the same. Even where there is a financial requirement, ie., “monetary bail”, judges must examine your specific and individual financial circumstances and your ability to post bail without posing an undue hardship, as well your ability to obtain a secured, unsecured or partial secured bond. CPL 510.30(1)(f).
I looked up CPL 510.10(1) and I am just stunned.
Plus, Jakubonis is charged with attempted assault in the second degree, which is an E-Felony:
A class E felony in New York is the lowest felony charge available and usually associated with serious crimes that did not warrant a higher felony charge. When, for example, a DWI or DUI case results in harm being done to a person or structure, a felony could be applied. In this instance it is usually a class E felony in New York. Class “E” felonies can also be theft, assault, forcible touching, or aggravated harassment. A class E felony NY sentence might be 2-5 years in jail, depending upon the circumstances of the case.
However, the charge is not considered a violent E-felony. But it still seems like a non-violent E-felony qualifies under Qualified Offenses since it’s still a felony.
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