Alleged Zeldin assailant to be kept in custody as judge reviews records, health information

ALBANY, N.Y. — The man accused of attacking GOP Rep. Lee Zeldin as he stumped for his gubernatorial campaign last week will remain in custody as a judge considers information on his mental health and substance abuse history.

U.S. Magistrate Judge Marian Payson determined Thursday that the man, David Jakubonis, 43, will stay in detention at the Monroe County Jail pending further action, according to his public defender, Steven Slawinski.

Payson is considering opposing arguments about whether Jakubonis’s demonstration — jumping on stage while brandishing a pointy, cat-shaped self-defense keychain at Zeldin — was an isolated incident or if it signals a larger danger to the community from a troubled individual who should be further kept in custody. Payson wants to see more records, full-size images of the weapon and video of the incident, Slawinski said.

Jakubonis faces a federal count of assaulting a member of Congress with a dangerous weapon. The charge carries a maximum penalty of 10 years in prison. He was charged in state court with an attempted assault. His next status conference is Aug. 24, but the judge could call the parties back earlier for a decision.

Slawinski says Jakubonis lives in an apartment behind the VFW where Zeldin was speaking, and he showed up not knowing who Zeldin was. Jakubonis had been drinking, and he believed Zeldin was insulting veterans, so he got on stage and tried to take the microphone from Zeldin, telling the Congress member “you’re done” talking, according to Slawinski.

Federal prosecutors characterized the keychain instrument as a “dagger,” which Slawinski called “way overblown.”

“This is obviously a veteran who is in crisis, and he needs the help of the VA, and I think that releasing him and allowing him to get that help after he’s relapsed would serve him and society,” Slawinski said. “This incident was not reflective of who he is and his usual conduct.”

Jakubonis spent five years in the U.S. Army, served in Iraq and was awarded a Bronze Star. He has anxiety from combat duty, and after his wife died of illness his children were put in the custody of his brother, Slawinski said.

Zeldin, who is also an Army veteran, said during a virtual press conference Thursday that he hoped Jakubonis’ continued detainment would allow him to get connected with services for alcoholism and mental health treatment that he might not seek independently

“There are many different examples of where someone gets put right back out on the street very quickly, where they can't get those other services. ... That aspect of the criminal justice system needs to be treasured more," he said. "Because there's better outcomes for the community by being able to provide that help to the person who is committing the offense.”

The state charges allowed for Jakubonis’ initial release the night of the incident, but federal charges led to his rearrest on Saturday.

Zeldin’s campaign is centered on the pitch that the state’s bail laws allow for dangerous criminals to roam the streets as they await trial. Jakubonis’ initial release could have been prevented with different charges and was seen by some as a way to publicly prove that point, including criticism of Monroe County District Attorney Sandra Doorley, a Republican who was at the event and has supported Zeldin.

Zeldin on Thursday said he believes the situation was handled appropriately and applauded both local and federal authorities.

"My understanding is that the Monroe County Sheriff's Office — which did a very good job of handling this case, especially under the circumstances of having to go answer that call of the two Rochester Police Department officers who were shot — they made this decision,” he said.

“You can wake up the next day and decided to add other charges. In this particular case, the federal government was able to come in with more serious charges that allowed them to not only detain Mr. Jakubonis, but to keep him in detention."