AUBURN - A Moravia man argued in Cayuga County Court Thursday that he shouldn't have been charged with resisting arrest and assaulting a police officer because he had never been placed under arrest before running away and because the officer simply tripped and fell while chasing him.
An Auburn police officer responding to a 911 call had asked Troy Kennedy, 34, of 30 Aurora St., to place his hands on the police vehicle so he could be searched, but told Kennedy he was not under arrest, said Kennedy's attorney, Simon Moody. Kennedy then ran just as the officer was about to frisk him.
Moody said the charges should be dismissed because his client was never advised by the officers that he was under arrest, and therefore could not have resisted arrest when he ran away.
Moody also said his client should not be charged with assaulting an officer because the officer tripped on a curb because of his own actions while chasing Kennedy.
Cayuga County Chief Assistant District Attorney Christopher Valdina said that a person can be charged with second-degree felony assault if their actions inadvertently caused a government employee to be injured while carrying out their duties, such as making an arrest.
Cayuga County Judge Thomas Leone denied Moody's first motions, but granted a motion to dismiss a menacing charge on the basis that there was insufficient grand jury evidence for the indictment.
The menacing charge was filed after a witness called 911 saying that Kennedy had threatened her daughter with a knife, Moody said. That same night the witness signed a sworn affidavit that did not mention the knife or any threats made to her daughter, but instead said that Kennedy was trying to kick someone named Mark out of the apartment.
Leone also granted a probable cause hearing, which would examine whether officers had enough evidence to be at the house to arrest Kennedy in the first place.
If it were discovered officers did not have any probable cause, the remaining charges related to the incident could also be dismissed.
In an unrelated indictment, Kennedy is also fighting eight felony counts of selling and possessing cocaine.
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
Moody said the charges should be dismissed because his client was never advised by the officers that he was under arrest, and therefore could not have resisted arrest when he ran away.
Moody also said his client should not be charged with assaulting an officer because the officer tripped on a curb because of his own actions while chasing Kennedy.
Cayuga County Chief Assistant District Attorney Christopher Valdina said that a person can be charged with second-degree felony assault if their actions inadvertently caused a government employee to be injured while carrying out their duties, such as making an arrest.
Cayuga County Judge Thomas Leone denied Moody's first motions, but granted a motion to dismiss a menacing charge on the basis that there was insufficient grand jury evidence for the indictment.
The menacing charge was filed after a witness called 911 saying that Kennedy had threatened her daughter with a knife, Moody said. That same night the witness signed a sworn affidavit that did not mention the knife or any threats made to her daughter, but instead said that Kennedy was trying to kick someone named Mark out of the apartment.
Leone also granted a probable cause hearing, which would examine whether officers had enough evidence to be at the house to arrest Kennedy in the first place.
If it were discovered officers did not have any probable cause, the remaining charges related to the incident could also be dismissed.
In an unrelated indictment, Kennedy is also fighting eight felony counts of selling and possessing cocaine.
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
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