Town of Fairfield "Justice" and Scott W. Davis
Posted in the Herkimer Forum
#1 Jan 27, 2014
This is a newspaper account from the Little Falls Times, Little Falls, NY, January 27, 2014, page A5.
Dolgeville- DOLGEVILLE MAN ARRESTED FOR ASSAULT, ENDANGERING WELFARE OF CHILD
A Dolgeville man was arrested on two counts of third degree assault and two counts of endangering the welfare of a child at 5:40 PM on January 17, according to Dolgeville Police.
Scott W. Davis, 45,of 6 Lamberson St, was arrested for allegedly hitting, kicking and shoving a person during ongoing domestic disputes resulting in the person suffering a broken leg and other injuries, while in the presence of two children, police said.
Davis was arraigned in Fairfield Town Court and was remanded to the Herkimer County Correctional Facility in lieu of $1,000 cash bond or $2500 bail bond. Other charges are pending against Davis, police said.
"A broken leg and other injuries," two counts of child endangerment, "ongoing domestic disputes": For the the police allege assault in the THIRD degree and the Fairfield Town Justice asks for $1000 cash bond.
There seems to be a huge disconnect between the alleged crime and the bail assignment. I am hoping that someone, somewhere, can examine this case.
I wonder if the woman's victimization continued with the police and the town justice.
And of course there is no mention of the children at all.
#2 Jan 27, 2014
you have to understand the legal system in New York. You have a judge that is elected with no legal background. He is not an attorney and receives 3 days training. This is New york with a very corrupt system.
#3 Jan 28, 2014
More to the point why was he charged with only assault third instead of assault in the second degree since there were broken bones.
#4 Jan 29, 2014
That judge is one of the best around. He is very fair and professional.
#5 Jan 29, 2014
Where is the District Attorney in all this?
#6 Jan 29, 2014
Hahahahahha. Busy with the dog abuse case that keeps getting continued. He's a joke you all elected.
#7 Jan 29, 2014
The alleged crime would need to meet the threshold of the definition of the crime. For the crime to meet the Assault 2 threshold of "Serious Physical Injury". While we all believe that a broken bone would meet that criteria it is not necessarily the case. A defined by the NY Penal Law, Serious Physical Injury is
-creates a substantial risk of death;
-causes a serious and protracted disfigurement;
-causes a protracted impairment of health; or
-causes a protracted loss or protracted impairment of the function of any bodily organ
Not knowing the extent of the injuries it is hard to determine if Assault 2nd fits. I am sure that there was discussion between the arresting agency and the DA's office prior to charges being filed. If not, there should have been. In regard to bail I am sure that the justice asked for a bail recommendation from the DA's office prior to the arraignment. While the justice is not bound be a DA's recommendation, they generally always follow it. Remember the accused should only be remanded with bail if he is determined a flight risk or it is believed that he would be a risk to the community if released.
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