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Zeldin’s Alleged Attacker Arrested on a Federal Assault Charge

Zeldin’s Alleged Attacker Arrested on a Federal Assault Charge

“Title 18, United States Code, Section 351(e) makes it a federal crime to willfully assault a Member of Congress. Section 351(e) provides for an increased penalty where the assault involves the use of a dangerous weapon.”

The U.S. Attorney’s Office in the Western District of New York announced David Jakubonis, the suspect in the attack on Rep. Lee Zeldin, faces a federal assault charge.

The attack occurred during a campaign stop. Zeldin is the GOP gubernatorial candidate.

“Title 18, United States Code, Section 351(e) makes it a federal crime to willfully assault a Member of Congress,” the filing says. “Section 351(e) provides for an increased penalty where the assault involves the use of a dangerous weapon.”

They do not have to prove the attacker knew the victim was a member of Congress, which is important.

Jakubonis told officials “he ‘did not know’ who Zeldin was, and that he ‘must have checked out.'” He admitted “he had drunk whiskey on Thursday.

Video shows Jakubonis using a marketed self-defense cat-shaped keychain to attack Zeldin during a campaign stop:

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.

Police arrested Jakubonis after the attack and charged him with second-degree attempted assault, which is an E-felony in New York.

The judge released Jakubonis on his own recognizance.

That changed on Saturday when “FBI, New York state police and the Monroe County Sheriff’s Office took him into custody.” He went in front of U.S. Magistrate Judge Marian W. Payson.

Jakubonis is now behind bars.

The Department of Justice said Jakubonis “is due back in federal court Wednesday morning.”

Jakubonis Federal Complaint by New York Post

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Comments

These sort of Democrat intimidation assaults will stop much more quickly when armed citizens start shooting them dead in the act.

    angrywebmaster in reply to ray. | July 24, 2022 at 6:03 pm

    It’s New York. The 2nd Amendment has been banned by the Govno and self defense is a felony.

Sometimes I think there’s way too much benefit of a doubt given to real criminals.

There’s video of him attacking Zeldin- there is no allegedly about it.

Meanwhile we have newspapers and editorialists all over writing that Trump incited insurrection… with no proof whatsoever,,,

Two questions:

1. Why on Earth wasn’t he charged with attempted murder?
2. Is there anyone stupid enough to believe he was so drunk he didn’t know who he was attacking?
3. (Bonus) How’s the betting going that he’ll be found incompetent to stand trial? (And released after only a short period of time in “therapy”)

    taurus the judge in reply to irv. | July 24, 2022 at 6:48 pm

    1. Technically he could have been but generally “murder” as opposed to assault/battery with intent to kill of the lesser charges usually requires the use of an “obviously lethal” weapon such as a gun, knife,club or some form of statement or act demonstrating ‘reasonable intent’ to kill.

    Its a judgement call that is generally low balled initially to make sure it sticks but can be upgraded later if supporting evidence is obtained.

    2. Probably but they are liberals

    3. He’ll stand trial but I wouldn’t be surprised to see a “mentally diminished’ argument by the defense.

    Olinser in reply to irv. | July 24, 2022 at 7:47 pm

    Because you’d have a hard time convincing a jury that the ‘weapon’ he carried was intended to be actually lethal.

    Mean sure, lethal POSSIBLY, but you’d have a hard case to make that he wanted to murder him and didn’t bring an actual weapon up to the task.

Garland will find a way to release him. After all, attempted murder of a republican is not even a misdemeanor.

UnCivilServant | July 25, 2022 at 7:23 am

They do not have to prove the attacker knew the victim was a member of Congress

As a matter of principle, I find that aspect of the law off-putting. On a matter of highest principle, I am of a mind that assault on any person should have equal legal severity – cop, congresscritter, or just some dude, same offense, same sentence. But if there is going to be an enhanced crime, it should require that the offense have been committed because of the job of the victim – off duty and out of uniform your cop neighbor is just some dude. While one can presume that attacking a politician giving a stump speech has something to do with their job, the prosecutor should still have to prove it.

Too many times “I was drunk” is used as an excuse when it should never rise above “an explanation.” Similarly, a mentally incompetent person with a knife can kill you just as dead as a sane person, so using mental incompetence as a barrier to the”appropriate response” is both stupid and wrong. A cray cray homeless feral human here in Portland who approaches me with a knife will be shown no quarter.