It’s a case that piqued the interest of attorney John DeMarco after learning that the man accused of assaulting Rep. Lee Zeldin is a United States veteran.
“I have a great affinity for veterans,” DeMarco said. “I was concerned that this was being profiled in the wrong way.”
DeMarco took the case when a local representative of veterans reached out.
“Clearly he was having a moment of mental health difficulty,” DeMarco said.
DeMarco says David Jakubonis is a five-year veteran of the U.S. Army, serving tours in both Kuwait and Iraq from 2007 to 2012.
“He heard loud voices,” DeMarco explained. “He heard the microphone. He heard the sound. Although he was clearly disoriented, to what extent will be, I'm sure a subject of debate."
Jakubonis lives in Fairport, nearby the campaign stop where Zeldin — the Republican challenger for governor of New York — was allegedly assaulted.
“He made his way to the stage unwittingly and attempted to take the microphone from the congressman to kind of interrupt or stop what he thought was a speech against veterans,” DeMarco said.
Jakubonis was allegedly holding a keychain defensive weapon.
He was charged with felony attempted assault, appeared in Perinton Town Court and was released on his own recognizance.
But two days later, a criminal complaint was filed in federal court alleging Jakubonis willfully assaulted the congressman involving the use of a deadly weapon.
“I think when you slow the video down, and really evaluate it, I think the most critical moment that you see is Mr. Jakubonis attempting to take the microphone away from Congressman Zeldin,” DeMarco said. “You do not see any attempt to touch or harm Congressman Zeldin. Certainly in the course of getting the microphone there was what appears to be some physical contact, but that's all it was.”
During a detention hearing at federal court, prosecutors argued Jakubonis is a danger to the community. He was taken into custody, where he remains.
Jakubonis will be back in federal court on Aug. 24 for the continuation of a detention hearing — and that's when DeMarco will present a clinical history about his client in an effort to get him freed from jail.
“So the first order of business naturally would be to want to have Mr. Jakubonis out of custody,” DeMarco said. “Obviously, it's beneficial to him not only mentally and physically, but it's certainly helpful. To be able to engage in his defense from person to person rather than at the Monroe County Jail.”
The criminal complaint states that Jakubonis told authorities he was drinking whiskey the day of the event. DeMarco says he needs help addressing his drinking and mental health issues.
“We are meeting with representatives of the VA, particularly those who are involved in the clinical process and are familiar with his mental health history, and getting an up-to-date review of that and also determination as to what treatment moving forward would be most appropriate,” DeMarco said. “Hopefully, those items together with some guarantees, if you will, of security concerns that the court may have that we can address those as well.”
DeMarco hopes the court will consider Jakubonis’ state of mind.
“I think you have a disabled, decorated war veteran who, in the moment having a mental health event, did not perceive what the circumstances actually were, acted on what he believed to be the circumstances and hopefully, the justice system will recognize that and will act accordingly,” DeMarco said. “There's certainly no ill intent here to hurt the congressman. But circumstances being what they were, I don't think Mr. Jakubonis was really aware of what was occurring.”
The case in Perinton Court is still pending as Monroe County District Attorney Sandra Doorley recused herself because of her connection to Zeldin.
