Patrick Mahoney to spend 10 weekends in county jail, pay restitution, take anger management class
Altmar, NY -- The Altmar fishing guide found guilty of assaulting a man in the Salmon River and destroying the man’s glasses and camera will spend 10 weekends in the Oswego County jail as part of his sentence.
Patrick A. Mahoney, 44, of state Route 13, was sentenced Monday night in Albion town court by Town Justice Howard Allen Jr.
Allen sentenced him to a one-year conditional discharge. Some of the conditions he must follow include working and supporting his family, paying restitution to the victim, performing 100 hours of community service, taking an anger management course and spending 10 weekends in jail beginning May 13.
He also has 60 days to pay $860 in fines, fees and surcharges. The restitution totals $410 for the eyeglasses and disposable camera owned by victim William Murray. Mahoney threw them into the Salmon River, according to testimony during the trial.
A three-year order of protection also was issued so Mahoney must stay away from Murray.
Mahoney was found guilty by a jury March 4 of reckless assault and petit larceny, both misdemeanors, and with a violation of the state Department of Environmental Conservation law for fighting in a fishing area.
He was found not guilty of intentional assault. His co-defendant, brother Robert R. Mahoney III, 45, of County Route 15, Boylston, was found not guilty of all four charges against him.
Lori Severino, speaking for the DEC, said Monday that Mahoney’s fishing guide license cannot be revoked without a departmental hearing and no date for one has yet been scheduled. She also said, though, that if a defendant is convicted of a DEC violation, the department intent “is to revoke his guide’s license pending a hearing.”
The Mahoney brothers were accused of assaulting Murray, 63, of Ithaca, as he fished in the Ellis Cove area of the Salmon River April 8, 2010.
Assistant District Attorney Mark Moody asked the judge to sentence Mahoney to one year in the county jail. He said Mahoney was more concerned about himself than what happened to Murray.
“We are here to judge an act and we must remember the impact on the victim,” Moody said, stating Murray suffers from post-traumatic stress and depression from his military service and the assault stirred all of these concerns up again.
“The defendant has shown no remorse,” Moody said. “He considers himself the victim.”
Mahoney’s lawyer, David Antonucci, of Watertown, called a one-year sentence “absurd.“
“He was found not guilty of the intentional assault,“ Antonucci said. “Bob Mahoney was acquitted.
The jury rejected his (Murray’s) story. Pat Mahoney has no criminal record, he lives here, he has a child and he works and runs a business in the community. Community service would be a great way of him contributing to the community.”
Mahoney told the judge he lived “his entire life by the letter of the law” and regrets what happened that day on the Salmon River. “I let my emotions get the best of me,“ he said.
Murray said he is happy the case is over and justice was served.
“I’m glad this person won’t be beating anybody up without being reprimanded,” he said. “This will protect some of our fishermen.”
The trial came down to who was more believable -- Murray or Mahoney. Murray said he was fishing April 8, 2010 when Mahoney rushed at him, flailing his arms and screaming and then Robert Mahoney began beating Murray about the head.
Patrick said he went to Ellis Cove to confront Murray about slashing his truck tires and Murray charged him, putting him in a headlock and grabbing him around the waist.
Altmar, NY -- The Altmar fishing guide found guilty of assaulting a man in the Salmon River and destroying the man’s glasses and camera will spend 10 weekends in the Oswego County jail as part of his sentence.
Patrick A. Mahoney, 44, of state Route 13, was sentenced Monday night in Albion town court by Town Justice Howard Allen Jr.
Allen sentenced him to a one-year conditional discharge. Some of the conditions he must follow include working and supporting his family, paying restitution to the victim, performing 100 hours of community service, taking an anger management course and spending 10 weekends in jail beginning May 13.
He also has 60 days to pay $860 in fines, fees and surcharges. The restitution totals $410 for the eyeglasses and disposable camera owned by victim William Murray. Mahoney threw them into the Salmon River, according to testimony during the trial.
A three-year order of protection also was issued so Mahoney must stay away from Murray.
Mahoney was found guilty by a jury March 4 of reckless assault and petit larceny, both misdemeanors, and with a violation of the state Department of Environmental Conservation law for fighting in a fishing area.
He was found not guilty of intentional assault. His co-defendant, brother Robert R. Mahoney III, 45, of County Route 15, Boylston, was found not guilty of all four charges against him.
Lori Severino, speaking for the DEC, said Monday that Mahoney’s fishing guide license cannot be revoked without a departmental hearing and no date for one has yet been scheduled. She also said, though, that if a defendant is convicted of a DEC violation, the department intent “is to revoke his guide’s license pending a hearing.”
The Mahoney brothers were accused of assaulting Murray, 63, of Ithaca, as he fished in the Ellis Cove area of the Salmon River April 8, 2010.
Assistant District Attorney Mark Moody asked the judge to sentence Mahoney to one year in the county jail. He said Mahoney was more concerned about himself than what happened to Murray.
“We are here to judge an act and we must remember the impact on the victim,” Moody said, stating Murray suffers from post-traumatic stress and depression from his military service and the assault stirred all of these concerns up again.
“The defendant has shown no remorse,” Moody said. “He considers himself the victim.”
Mahoney’s lawyer, David Antonucci, of Watertown, called a one-year sentence “absurd.“
“He was found not guilty of the intentional assault,“ Antonucci said. “Bob Mahoney was acquitted.
The jury rejected his (Murray’s) story. Pat Mahoney has no criminal record, he lives here, he has a child and he works and runs a business in the community. Community service would be a great way of him contributing to the community.”
Mahoney told the judge he lived “his entire life by the letter of the law” and regrets what happened that day on the Salmon River. “I let my emotions get the best of me,“ he said.
Murray said he is happy the case is over and justice was served.
“I’m glad this person won’t be beating anybody up without being reprimanded,” he said. “This will protect some of our fishermen.”
The trial came down to who was more believable -- Murray or Mahoney. Murray said he was fishing April 8, 2010 when Mahoney rushed at him, flailing his arms and screaming and then Robert Mahoney began beating Murray about the head.
Patrick said he went to Ellis Cove to confront Murray about slashing his truck tires and Murray charged him, putting him in a headlock and grabbing him around the waist.
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