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DA: Harassment Of Police During Pandemic Could Lead To Charges

MAYVILLE — Individuals who intentionally spit or cough on members of law enforcement in the midst of the coronavirus outbreak could find themselves facing serious charges.

Chautauqua County District Attorney Patrick Swanson on Tuesday said he intends to prosecute those who target police officers to the “fullest extent of the law.” The DA said he received word from the Dunkirk Police Department last week of an incident involving one of its officers and began looking into statutes that could allow for charges.

“We find ourselves in unprecedented times,” Swanson said. “Our police officers, sheriff’s deputies and state troopers are putting their lives, and potentially the lives of those close to them, at-risk to protect our communities every single day. These officers risk exposure to this virus simply by going to work. It angers me that anyone would spit or cough at an officer — especially during this health crisis — in an effort to intimidate or threaten them when they are performing their job related responsibilities.

“The people of Chautauqua County should know that this behavior will not be tolerated, and my office will pursue the highest possible charge against any individual who threatens the health and livelihood of our law enforcement officers.”

Swanson told The Post-Journal he has discussed the matter with other DAs in the state. He noted that the penal law doesn’t really address individuals who intentionally try to sicken first responders during a pandemic.

“Quite frankly it’s uncharted territory,” Swanson said. “These officers are putting themselves out there. We need to look out for their well-being and those closest to them — they are going home to their families.”

The range of potential charges available include second-degree attempted assault, a class E felony, third-degree menacing, a class B misdemeanor, and the violation of second-degree harassment.

Swanson said the DA’s office will also consider bringing a motion to the court to compel a defendant to be tested for the COVID-19 virus. If the alleged incident occurs within a correctional facility, an individual could be charged with second-degree aggravated harassment, a class E felony. If convicted on the felony charge, a person could face a maximum of four years in prison.

State Sen. George Borrello, R-Sunset Bay, called on Gov. Andrew Cuomo to initiate a law protecting first responders from potential harassment.

“The governor has the power to implement a law, including criminal penalties, under his executive authority as part of dealing with this pandemic,” Borrello said. “I would strongly encourage him to initiate such a change immediately. Our law enforcement officials, first responders and health care professionals deserve that protection as soon as possible.”

Accounts of people coughing on police during the pandemic have been reported around the county. In March, WKBW-TV reported that a 35-year-old man allegedly coughed on an officers, then stated he had the coronavirus, following a traffic stop in West Seneca. The man, found to be highly intoxicated, later told officers he was “kidding.”

“This is a time for coming together as a whole community to get through an unthinkable crisis,” Swanson said. “My hope is that we do not have any more of these types of incidents.”

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