Elmy receives 2.5 year prison sentence

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.

 

Comments

comments

Read more in this week's Times in newsstands now or click here to read right now with our e-edition.

Tags: , , ,

Classifieds 06/29/16

Search for missing Granville man continues

Police agencies in both New York and Vermont have recently ramped up efforts in the search for Jonathan Schaff, a Granville man who went missing in January 2014. Their investigation includes scuba diving in local quarries and questioning more than 30 witnesses. Police are looking into all tips in an effort to solve the case that started nearly 3 years ago.

By Krystle S. Morey Vermont State Police have been busy questioning potential witnesses in a local missing person case. Jonathan […]

Local bus garages fare well in state inspection

Buses

By Dan King Local school districts are among the state’s best in keeping their buses up and running. The state […]

Whitehall graduates 46

DSC_0280

By Dan King “The easy part of our lives is over.” That was the message from Whitehall High School’s salutatorian […]

Class of 2016 grads bid Granville farewell

Jonathan Fisher

  By Krystle S. Morey Jonathan Fisher has always lived a life of service and helping others. Fisher walked across […]

Weekender – 06/24/16

Lakes Classifieds – 06/24/16

North Country Freepress – 06/24/16

Northshire Freepress – 06/24/16

Lakes Region Freepress – 06/24/16

88 to graduate Granville High School Friday

GranvilleCapNGown2016 cmyk

By Krystle S. Morey Eighty-eight “pretty remarkable” young men and women will walk across the stage tomorrow, ending their days […]

Classifieds 06/22/16