David Jakubonis, 43, was arrested Saturday and charged with assaulting a member of Congress with a dangerous weapon, according to Barbara Burns, a Department of Justice spokesperson. Jakubonis made his first court appearance before US Magistrate Judge Marian W. Payson in Rochester on Saturday, according to court documents, and the weapon involved was described in court records as a self-defense keychain.
Steve Slawinski, assistant federal defender for the Western District of New York who is representing Jakubonis, said in a statement Jakubonis is next scheduled to appear in court for a bail hearing Wednesday.
“I expect to request the judge to release him from custody at that time,” Slawinski said.
Zeldin, who has made New York’s rising crime rate a central focus of his campaign’s attacks on incumbent Democratic Gov. Kathy Hochul, said in a statement Saturday he was “thankful that federal authorities came in to do what New York State’s broken pro-criminal justice system could not – uphold the rule of law.”
According to the criminal complaint filed Saturday, Jakubonis, an Army veteran, allegedly told authorities he had consumed whiskey on the day of the campaign event and “must have checked out” as he walked on the stage and asked if Zeldin was disrespecting veterans. Jakubonis told authorities he did not know who Zeldin was at the time.
Following his initial arrest Thursday, Jakubonis was held for six hours before his arraignment, where he was released on his own recognizance, according to Monroe County sheriff’s deputy Brendan Hurley. He had travel restrictions limiting him to Monroe County and an order of protection was also issued for him to stay away from Zeldin, according to court paperwork.
Due to the class of felony allegedly committed, under New York law, the presiding judge couldn’t have set bond even if they wanted to, Hurley previously told CNN. In 2019, New York’s bail reform law eliminated cash bail for most misdemeanor and nonviolent felony charges, and Class E is the least serious class of felony.
Republicans expressed outrage over Jakubonis’ quick release.
Zeldin on Friday had condemned the state’s bail system following Jakubonis’ initial release. He said changes to the state’s cashless bail system are necessary and judges should have discretion when considering who should remain in police custody.
“My first and foremost concern about cashless bail and the need to overhaul it is dangerousness,” he said. “The judges should have discretion to weigh dangerousness. It’s about the victim,” Zeldin, who was unharmed in the attack, said at a rally in Onondaga County, New York. “But even if you were having a conversation with the strongest advocate of cashless bail, I would challenge them on this point: I would argue that they’re doing a disservice to the person who attacked us on stage last night because they rush — they have to, by law — they have to rush to get him released.”
Zeldin said Friday he believes cashless bail should be repealed and there “should also be a certain minimum set where certain cases, certain suspects, defendants, they have to remain behind bars.”
Hochul had tweeted Thursday evening she was “relieved to hear” Zeldin was not injured in the incident.
“My team has informed me about the incident at Lee Zeldin’s campaign event tonight. Relieved to hear that Congressman Zeldin was not injured and that the suspect is in custody. I condemn this violent behavior in the strongest terms possible — it has no place in New York,” Hochul wrote.
This story has been updated with additional information.
