AUBURN — An Auburn man has pleaded not guilty to attacking a police officer last year.
Justin Gervais, 22, of 123 Wall St. Apt. 3, was arraigned Thursday morning in Cayuga County Court after a grand jury handed down a three-count indictment, charging him with second-degree assault, a felony; resisting arrest, a misdemeanor; and loud and unnecessary noise, a violation. He and his defense attorney, David Elkovitch, denied all three counts.
The charges stem from an incident at Gervais' Wall Street apartment last year. According to the Auburn Police Department, on Dec. 22, officers investigated a domestic disturbance at his apartment and left without incident. However, police returned to the scene following a noise complaint from a neighbor.
When officers arrived, police said Gervais initially refused to open the door until he was confronted by officer Morgan Flickner. Then, while descending his apartment steps, Flickner allegedly told Gervais he was under arrest, and he tried to flee.
After grabbing Gervais to stop him, police said Gervais tried to push the officer down the stairs. He then grabbed Flickner's hair, struck her head against the steps and punched her in the head four or five times.
Flickner eventually hit Gervais in return and attempted to taser him, police said. She then used a form of pepper spray to successfully stop Gervais.
According to the APD, Flickner was taken to Auburn Community Hospital with head and face injuries and was diagnosed with a concussion. Gervais was initially remanded to Cayuga County Jail without bail, but was later released on $2,500 cash.
In court Thursday, Cayuga County District Attorney Jon Budelmann said Gervais has a limited criminal history, which includes a misdemeanor and violation. He also said Gervais is facing additional charges of endangering the welfare of a child and obstructing governmental administration in Auburn City Court.
Judge Thomas Leone continued Gervais out on bail. Gervais was scheduled to be back in court May 24.
Also in court:
• An Auburn man who allegedly evaded the law for six years was arraigned in court Thursday.
Paul Bovee, 30, of 114 Norris Ave., pleaded not guilty to a three-count indictment: third- and fourth-degree criminal possession of a controlled substance, both felonies, and false personation, a misdemeanor.
Bovee was arrested in September after APD received reports of possible gun shots at Bovee's home. Upon arrival, police said they interviewed Bovee, who gave officers a fake name, address and date of birth.
Budelmann said Bovee had lied about his identification because he had been wanted for six years on charges in Ontario County.
Then, upon his arrest for false personation, Budelmann said Bovee possessed a white powder, which tested positive for cocaine.
Bovee is currently serving time in Ontario County Jail for violating his probation, but is expected to be released later this month. Leone ordered Bovee be remanded to Cayuga County Jail in lieu of $25,000 cash or $50,000 bond upon his release.
If convicted, Bovee could face up to nine years in prison. He was scheduled to return to court May 24.
• A teen has admitted stealing a semiautomatic pistol in Moravia.
Damian Dusseau, 17, of 197 N. Main St., Moravia, pleaded guilty Thursday to fourth-degree grand larceny and criminal possession of a firearm, both felonies.
During his plea, Dusseau said he and a friend decided to "break into some cars" in December. The two then found a 9 mm semiautomatic pistol and tried to sell it to a third party.
Dusseau could face up to four years in prison, but Leone agreed to sentence him to no worse than six months in jail and five years probation. The teen has been incarcerated at Cayuga County Jail since his arrest in December. His sentencing was scheduled for May 8.