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Erie County DA John Flynn announces office appointed special prosecutor in case against accused Zeldin attacker

David Jakubonis, 43, is facing a state charge of one count of attempted assault in the second degree.

BUFFALO, N.Y. — On Monday John Flynn announced that the Erie County District Office had been appointed as the special prosecutor to oversee the case against the man accused of attacking U.S. Rep. Lee Zeldin last month. 

The Monroe County District Attorney’s Office requested the appointment of a special district attorney to the case and the order was granted by Acting Supreme Court Justice Hon. Richard Healy.

David Jakubonis, 43, was arraigned on July 22, one day after the alleged attack, on one count of attempted assault in the second degree (class “E” felony). 

Jakubonis was released by before Perinton Town Court Justice Hon. Charles D. Steinman on his own recognizance as his state charge was non-qualifying for bail.

An order of protection was issued by Steinman on behalf of Zeldin.

It is alleged that Jakubonis attempted to cause physical harm to Zeldin who was giving a speech at an event on Macedon Center Road in the Town of Perinton on July 21. Prosecutors say Jakubonis allegedly raised his hand where he held self-defense knuckles with two pointed edges and then proceeded to swing at Zeldin. 

It is said that Zeldin grabbed Jakubonis's wrist to prevent the alleged attack. 

Jakubonis is scheduled to return to Perinton Town Court on Tuesday, Aug. 30. If convicted of charges, he faces a maximum of four years in prison. 

Jakubonis also faces a federal count of assaulting a member of Congress with a dangerous weapon, which carries a potential maximum penalty of 10 years in prison.

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