Rep. Lee Zeldin supports probation for troubled veteran who attacked him

Rep. Lee Zeldin backed a no-prison plea agreement that resulted in probation for the troubled veteran who attacked Zeldin during the 2022 gubernatorial campaign.

On Thursday a federal magistrate judge sentenced David Jakubonis to three years of probation for his assault of Zeldin, R-Shirley, Suffolk County, as the then-gubernatorial candidate campaigned in Perinton in July 2022. Jakubonis pleaded guilty in September to the misdemeanor crime of assaulting a federal officer.

An Iraq conflict veteran who was awarded a Bronze Star, Jakubonis has suffered from alcoholism, post-traumatic stress syndrome and anxiety, all of which have been linked to his service in the U.S. Army. After his July 2022 arrest, a contingent of local veterans and veteran organizations worked to get Jakubonis into treatment in hopes of keeping him out of prison and on a road to recovery.

Assistant U.S. Attorney Sean Eldridge acknowledged in court Thursday that Zeldin's support of the misdemeanor plea was a key part of the prosecution decision to agree. Zeldin also served in Iraq in the Army.

In an emailed statement, Zeldin said Thursday: "It is my understanding that over the past 17 months David Jakubonis has been making important personal strides thanks to the great resources made available through the Monroe County VA and other local veterans organizations.

"I hope he can make significant progress towards getting his life back on track and continues to make the most of the mental health and support resources in the area."

The assault on Lee Zeldin

Jakubonis was drunk at the time of the outdoor rally and has said that he wrongly thought Zeldin was disparaging veterans with comments on the outdoor stage.

"I'm ashamed of the incident that happened and it shall never happen again," Jakubonis said in court Thursday.

U.S. Magistrate Judge Marian Payson said Jakubonis "is in a very different place than he was 17 months ago" when arrested.

She said Jakubonis proves the value of an intersection of community support and individual accountability and responsibility. Still, she warned him, his addictions and mental health issues don't vanish with a plea deal.

"It is a daily struggle," Payson said. "... That's ultimately up to you to make that commitment."

John DeMarco, the attorney for Jakubonis, said the parties — from the judge to the prosecutors to the veteran community support — collaborated for a result that recognizes Jakubonis' difficult history while still holding him accountable. "The fact that Congressman Zeldin was onboard with this is a critical piece," DeMarco said.

The political backdrop

When Jakubonis walked toward Zeldin on the Perinton stage, the veteran wielded a pointed device typically used for self-defense. He moved it near Zeldin's throat. Zeldin held him away and others subdued Jakubonis.

He was at first charged with second-degree attempted assault, a non-violent charge in New York that made Jakubonis ineligible for cash bail. He was released, and quickly became fodder for opponents of the state's bail law changes, a group which included Zeldin. Zeldin was the GOP candidate for governor against Democratic incumbent Kathy Hochul.

There was no injury so Monroe County Sheriff Office deputies did not seek a higher bail-eligible charge.

The politics around the assault grew so intense that some Democrats claimed District Attorney Sandra Doorley, a Republican, pushed for a charge ineligible for bail so Zeldin would have campaign ammo.

No evidence existed of that theory and the available evidence instead shows that it was the sheriff's office, after discussions with another prosecutor, which decided the charge.

Days after the rally, federal authorities charged Jakubonis with assaulting a congressman with a dangerous weapon, a felony. He was jailed on the federal charge. The federal resolution will settle the state criminal charges.

Should Jakubonis slip while on probation, he could find himself imprisoned. Payson told Jakubonis that "the events of that evening could have turned out far worse than they did." Jakubonis nodded in agreement.

"Don't isolate yourself," Payson told the veteran. "Don't think that you're done. You're not."

This article originally appeared on Rochester Democrat and Chronicle: Rep. Lee Zeldin supports probation for veteran who attacked him