A former marina owner who was found guilty of felony assault last month for keeping his wife in an alcohol-induced stupor received a state prison sentence last Friday.
Robert A. Elmy, 63, was sentenced to two-and-a-half years in a state prison.
He was charged with assaulting his wife, Patricia Elmy, in their apartment at Champlain Harbor Marina last Oct. 10. Her injuries were so severe that doctors placed in her a medically induced coma. She spent nine days in the hospital before being released.
During the trial, Patricia Elmy testified that her husband kept her confined to an apartment above their business for several days and during that time forced her to drink. She said the confinement ended with a fight in which she was struck and knocked to the floor. Elmy was indicted on six charges, but a jury acquitted him on five of them, including on charges related to her injuries and unlawful imprisonment.
They did, however, find him guilty of keeping his wife intoxicated, which by New York State law is considered second-degree assault. Washington County prosecutors said Elmy put alcohol in his wife’s Vitamin Water, including on the way to the hospital. Her blood alcohol content was .41, more than five times above the legal limit for operating a motor vehicle and a level that is considered life-threatening.
Elmy maintained his innocence during Friday’s sentencing, telling the judge that his wife had lied and that he was attempting to save her life after she fell and injured herself while drinking. He did not express remorse.
Devin Anderson, the Washington County assistant district attorney prosecuting the case, had asked the judge for a six-year prison term, one year shy of the maximum sentence of seven years.
“At the end of the day, I’m pleased with all the work put in by law enforcement,” Anderson said. “I believe the sentence is a just sentence.”
Brian Breedlove, Elmy’s lawyer, is expected to ask the appellate division of the state Supreme Court to stay the sentence and release his client on bail, pending appeal.
Anderson said Monday his office hadn’t received any official notification of an appeal, but Elmy has 30 days from the time of the sentencing to file a formal appeal.
Prior to sentencing, Breedlove argued there was insufficient evidence to convict his client and asked for the conviction to be vacated. That motion was turned down.
He did not return a phone call seeking a comment for this story.
Elmy will spend three years on parole upon his release from prison and the court issued an order of protection.