MALONE — A Franklin County woman charged with stabbing her husband is free after a grand jury found she was justified in defending herself.
Elianne D. Assinewai, 44, of 33 Water St., Fort Covington was released from the County Jail, where she had been held since March 4 for stabbing her husband, James, in the chest, back and hand with a large kitchen knife.
"It was the grand jury's judgment that her use of physical force was justified because of prior domestic violence," District Attorney Derek Champagne said.
"This is the first time in a long time someone has been released. We're pleased the grand jury sorted through all of the testimony and made this decision.
"And it's why we encourage anyone in a domestic-violence situation to come forward before it gets to this point."
THREATS FROM HUSBAND
Mrs. Assinewai called Emergency Services 911 operators at about 9:30 a.m. that day, asking dispatchers to send help immediately.
When State Police arrived, she was waiting on the front porch and told them, "I just stabbed my husband. I did it."
Neighbors testified at the grand-jury hearing that they heard the pair arguing and that, at one point, Mr. Assinewai shouted, "I'll kill you, bitch."
That was followed by a loud thud.
Police said Mrs. Assinewai had a bump on her head and a cut on her leg when she was arrested. After treatment at Alice Hyde Medical Center in Malone, she was taken for arraignment and jailed.
She was charged with first-degree assault and could have faced between five to 25 years in state prison if convicted.
SURVIVED
Mr. Assinewai was covered in blood when patrols arrived, and initial reports to Champagne were that "he might not make it."
But once the blood was cleaned away, it was discovered that the man had suffered no life-threatening injuries, the DA said.
Champagne said Mr. Assinewai "was extremely intoxicated" that day and that is wife "had consumed alcohol, as well."
The couple had been together for a number of years but had lived in the Fort Covington apartment for only a few months before the stabbing occurred.
Mr. Assinewai, he said, has moved out of the area, and his wife has been staying with relatives since her release.
'JUST RESULT'
Champagne said Mrs. Assinewai had no prior criminal record.
The police had gone to their apartment on a previous occasion when she called to have her husband removed from the place.
"We were able to confirm previous allegations of domestic violence," the DA said.
"Domestic violence is unacceptable; yet all too often it goes unreported and occurs behind closed doors.
"No person should have to resort to using a knife or other weapon to ultimately defend themselves from an attack by their partner.
"But, in this case, the facts were heard, deliberated upon, and a just result has occurred."
No comments:
Post a Comment