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Orange County NewsFor Immediate Release Contact: Christopher BorekNovember 19, 2018 845.291.3276, 845.238.4245c
Man Sentenced to 4 Years in Prison for Assaulting City of Middletown Police Officer
Convicted After Jury Trial of Assault in the Second Degree
and Resisting Arrest
Orange County District Attorney David M. Hoovler announced that on Monday, November 19, 2018, Moises Almanzar, 32, of Middletown, was sentenced by Orange County Court Judge Craig Stephen Brown to four years in state prison and three year’s post-release supervision in connection with an incident that occurred on January 4, 2017, and which resulted in a City of Middletown Police Officer suffering an injury to his knee. On September 14, 2018, Almanzar was convicted of Assault in the Second Degree and two counts of Resisting Arrest, after a jury trial. The District Attorney’s Office had recommended that Almanzar be sentenced to six years in state prison and three year’s post-release supervision.
At the trial, prosecutors argued that on January 4, 2017, at about 5:16 PM, a City of Middletown Police Officer, who was in full uniform, approached Almanzar in the vicinity of Linden Avenue in Middletown, and informed him that a warrant for his arrest had been issued by the City of Middletown Court and that he had to take Almanzar into custody. Prosecutors argued that Almanzar stated that he would not submit to the arrest and struggled with the officer. During the struggle Almanzar and the police officer fell to the ground and the police officer suffered a knee injury which caused him to miss six weeks of work. Prosecutors argued that after Almanzar resisted being arrested by the initial officer, he ran away and jumped over fences in what proved to be a futile attempt to evade arrest. When City of Middletown Police Officers caught Almanar in a lot in the vicinity of Smith Street, he again struggled with police officers before being taken into custody.
District Attorney Hoovler thanked the City of Middletown Police Department for Almanzar’s arrest and their assistance during the prosecution.
“Injuring a police officer while resisting arrest is conduct deserving of lengthy incarceration in state prison,” said District Attorney Hoovler. “Those who resist arrest place themselves, police officers, and the entire community at serious risk of injury and death. Under our system everyone who believes that they are being unfairly or illegally arrested has an opportunity to challenge that arrest in court, but they do not have the right to struggle with police officers in the street. Too many tragic situations have begun when individuals being placed under arrest have made the illegal, reckless, and dangerous decision to physically resist arrest. No police officer should suffer an injury merely by performing their lawful duty.”
District Attorney Hoovler highly commended Assistant District Attorney Tanja Beemer and Assistant District Attorney Jason Rosenwasser, who prosecuted the case.