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Chase Mills man sentenced to 15 days in jail for assault conviction

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MASSENA - A 31-year-old Massena man was sentenced to 15 days in the St. Lawrence County Correctional Facility for a misdemeanor assault conviction.

Massena Village Justice Eric J. Gustafson also ordered Timothy M. Davey of 717 County Route 36, Chase Mills, to a pay a $205 surcharge for a third-degree assault conviction.

Davey was charged with third-degree assault, second-degree harassment, disorderly conduct and resisting arrest following a June 12 altercation with his girlfriend’s teenage son.

According to court documents, Becky Foster said Mr. Davey was visiting her at approximately 11:20 p.m. that night when his sister called and asked for a ride. Ms. Foster said she drove to get Ms. Davey and Mr. Davey stayed at her residence, where her 7-year-old son was reportedly sleeping.

She said when she returned home a short time later she noticed her ex-husband’s vehicle parked in the driveway. She said he was upstairs in her residence talking to their son.

She told police when Patrick Foster came downstairs he and Mr. Davey exchanged words. “Patrick began saying some things to Tim that Tim did not like, and they began to argue. Tim began punching Patrick in the head several times at which time I ran outside and got my son. I told Jack that Tim was pounding his father and to go inside and break up the fight,” Ms. Foster told police.

She said her son tried to pull Davey off his father and then punched him as he tried to break up the two combatants. Other witnesses said Davey slammed the elder Mr. Foster onto a coffee table during the melee.

The elder Mr. Foster said he initially been arguing with Ms. Foster about her decision to leave their son home alone with Mr. Davey, whom he claimed had been drinking. He said Davey intervened in the argument, slapped him and then punched him several times.

After the fight inside the residence broke up, another argument started outside when the younger Mr. Foster, armed with a metal pan, directed Davey to leave the property. That verbal exchange turned physical and Davey reportedly punched the younger Mr. Foster several times, leaving him with lacerations to his head and lip.

“Tim kept chasing me around the yard and into the street wanting to fight. I ran toward the van, which was in the driveway. Tim pushed me into the back of the van. I hit my head on the glass on the back of the van, causing the glass to break as I pulled on the windshield wiper,” Jack Foster told police.

The younger Mr. Foster, 17, of 3 Bishop Ave., also was arrested for his actions that evening, being charged in connection with two separate incidents in a two-hour span on the night of June 12.

Village police had initially charged him with fourth-degree criminal mischief and endangering the welfare of a child at 9:45 p.m. June 12 at his residence at 3 Bishop Ave.

He reportedly punched a hole in a closet door and flipped over a large coffee table in the living room during an argument with his mother. The coffee table landed on his 7-year-old brother’s foot. Police said the argument started after Ms. Foster denied her son’s request to borrow her vehicle.

He was arraigned at approximately 10:30 p.m. by Massena Town Justice Gerald P. Sharlow and released under the supervision of the probation department with a stipulation that he abide by the terms of an order of protection directing him not to harass, annoy or alarm his mother.

He faced additional charges when police were called back to Ms. Foster’s residence later that night for another dispute at 3 Bishop Ave.

The teenager was charged at 11:48 p.m. that night with a felony count of first-degree criminal contempt and a second count of fourth-degree criminal mischief. He reportedly violated the order of protection when he broke a rear wiper off his mother’s vehicle while he was fighting with Davey, 30.

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