NEW YORK – The man who approached Republican candidate for governor Lee Zeldin at an election event in western New York he will be released from prison for an alcohol treatment program, a federal judge has ruled.
Federal Judge Marian Payson agreed on Wednesday to allow David Jakubonis to enter a treatment program run by the Veterans Administration. He will then be transferred to a nursing home run by an organization that helps veterans in need.
The attack on Zeldin, a Long Island congressman defying Democratic Governor Kathy Hochul, occurred on July 21 during an election rally near Rochester.
And video of the accident shows Jakubonis raising his arm towards Zeldin while holding a keychain with two sharp points. “You’re done,” Jakubonis said four times as he approached Zeldin.
In an arrest in July, US Assistant Attorney Sean Eldridge argued that Jakubonis should be seen as a danger to the community as he lashed out at a congressman with a dangerous weapon.
“Character what happened to Congressman Zeldin that day as a close call is an understatement,” Eldridge said.
Zeldin grabbed Jakubonis’ wrist and the two fell to the ground as others jumped to their feet to help. Zeldin suffered a small scratch.
Lawyers for Jakubonis, an army veteran, they said their client was drunk and he was just looking for Zeldin’s microphone to make him stop talking.
“Mr. Jakubonis, if you are drinking, you have trouble holding back the liquor,” defense attorney Steven Slawinski said in a detention hearing, adding that Jakubonis has been prescribed psychiatric drugs that can interact badly with alcohol.
Slawinski asked for probation with strict conditions or hospital treatment. Jakubonis, he said, was an admitted alcoholic who sought treatment throughout his adult life. He developed severe anxiety and panic attacks while serving in Iraq for a year, the lawyer said, and his mental health further deteriorated after witnessing the sudden death of his seven-year-old wife from a ‘ brain hemorrhage three years ago.
“That would send anyone into a spiral,” Slawinski told the court at the time.
After his wife’s death, Jakubonis handed over custody of his children to his brother and sister-in-law. Slawinski said Jakubonis hasn’t seen his children since because it’s too painful to see them call someone else mom and dad.
Jakubonis has been jailed ever since he was federally charged with assaulting a congressman with a dangerous weapon. He was initially arrested on state charges of attempted assault and released.
John DeMarco, a lawyer for Jakubonis, said he expects Jakubonis to be released on Monday.
In response to Jakubonis’ transfer to a nursing facility, Zeldin said he was “grateful,” the judge acknowledged that the veteran needed help.
“When our veterans seek care, it is easy to identify their physical wounds, but too often their invisible wounds go unnoticed and are not healed. Unfortunately, it is now clear that Mr. Jakubonis is one of many veterans who fight invisible demons, but luckily for Mr. Jakubonis, he is now getting the help he needs, ”Zeldin said in a statement.
