Man Charged With Injuring Cop A Veteran With 'Post Traumatic Stress Disorder': Attorney

SOUTHOLD, NY — A man charged with injuring a police officer after his arraignment in Southold Justice Court is a United States Army veteran who was diagnosed with post traumatic stress disorder, his attorney said Thursday.

Davis has been charged with injuring a police officer in Southold Justice court Monday after being arrested in Greenport and charged with brandishing an airgun after entering a home unlawfully.

Eileen Powers, representing Michael Davis, said Davis, 22, is actually not homeless, as has been previously stated; he resides at a home on 2nd Street in Greenport, is gainfully employed at the Deep Water Bar and Grille and has another job in Riverhead, and is a United States Army veteran who served honorably for three and half years, with an honorable discharge.

Davis was diagnosed with PTSD, she said, and was supposed to have an appointment at the Veterans Affairs hospital on Tuesday but could not attend due to court proceedings.

Her client, she said has no prior convictions and, "will cooperate. He is anxious to put this behind him. He really can't explain what happened but he apologizes." Davis' brother, she added, was in the courtroom.

Powers asked that Davis be released on his own recognizance.

Assistant District Attorney Patrick Fedun said a prior bench warrant has been issued for Davis and said actions thus far had been "less than helpful" and did not indicate a willingness to cooperate. He said he believed Davis was homeless asked for $25,000 cash bail and $50,000 bond.

Judge William Price set bail at $9,000 cash and $18,000 bond.

Panic button not used during courtroom altercation

Discussing the details of Monday's incident in justice court, Southold Town Police Chief Martin Flatley said, "The panic button was not used."

Police Officer Christopher Salmon sustained "a neck and back injury" during the justice court incident, Flatley said.

Describing how events unfolded, Flatley said, "Davis was released on his own recognizance by Judge Price at justice court, therefore releasing him from our custody, and the handcuffs were taken off Davis. When officers were returning his property and paperwork, Davis became agitated and making threats and needed to be subdued by two court officers and P.O. Salmon."

On Tuesday, members of the PBA turned out at a Southold Town Board meeting to protest alleged radio transmission failure. That equipment was tested Tuesday and Flatley described what he said transpired.

He added, "During this physical altercation Officer Salmon reported calling for assistance twice on his police portable radio and it was not received or acknowledged by dispatch; his third call to dispatch was received and assistance responded."

Police tested a portable radio later in the day at the same location, Flatley said. "It was found that when the portable radio was on an officer’s hip using an external mike the call was not received by dispatch. When the portable radio was raised to shoulder level, the call was received by dispatch."

He added, "Unfortunately a portable radio does not have as strong and dependable a signal as a mobile car radio by design and when there is a physical barrier, such as the torso of a human, between the antenna of the radio and the tower broadcasting the signal, the signal of the portable diminishes even further."

He said he suspected that what happened Monday "was a situation similar to this scenario, through no fault of the officer, who was not able to change positions of his portable radio during this altercation."

New charges added

On Wednesday, Price began the proceedings at a second arraignment for Davis by stating information he'd had no prior knowledge of, including difficulties experienced by police in moving the defendant, who resisted arrest, he said.

Price said he had been told Davis "needed a psychiatric exam."

The second arraignment of Davis, charged with injuring a police officer at Southold Justice Court on Monday, was initially held off Tuesday because it was believed the defendant was in the hospital, police said.

Meanwhile, Davis' girlfriend, Nyasia Coach, was arraigned Tuesday; her bail was set at $250 cash or $500 bond.

Coach appeared before Justice Bill Price and was represented by Westhampton Beach-based attorney Christian Killoran, who said his client pleaded not guilty.

He said she was a lifelong Long Island resident, who has lived in Riverhead and Greenport, and has a large family in the area, including her parents, brothers and cousins. Coach, he said, works at Salamander's in Greenport and has no criminal history and was facing a "single misdemeanor charge"; he asked that she be released on her own recognizance.

As for the allegation that she is homeless, Killoran said his client, along with Davis, had been staying with friends in the residence where the incident occurred and said she had other friends she could stay with upon her release.

Judge says justice court incident "could have been tragic"
On Tuesday, Price told Patch that justice court security, which has been under discussion with the town board for more than a year, with a new metal detector installed, is still an issue.

"That risk is always present. In this situation the metal detector was irrelevant. Officer Christopher Salmon and the court officers contained the incident immediately in front of the bench and did what was necessary to avoid injuries bystanders as well as the court staff," he said.

"We are lucky that the arraignment took place during traffic court while the court officers were present. If the defendant had got out of the courtroom and into the other part of the town hall it could have been tragic," Price said.

"There seemed to be issues" with the police radios, Price said.

Air pistol brandished
The incident began when a homeless man brandished an air pistol that appeared to be a real gun after entering a Greenport home.

According to Southold Town Police, the incident took place Monday at 8:46 a.m. on Main Street in Greenport, when a report was received about a dispute involving a man who appeared to be in possession of a handgun.

Davis, 22, who is said to be currently homeless, is alleged to have unlawfully entered a home on Main Street in Greenport and, after being confronted by the owner of the residence, produced the air pistol, police said.

Davis, who was highly agitated, resisted arrest, police said.

Coach, 20, Davis’ girlfriend, attempted to prevent officers from arresting Davis; she was also taken into custody, police said.

Davis also intentionally damaged a police radio, police said. Davis was charged with criminal trespass, menacing, two counts of criminal mischief, resisting arrest and obstructing governmental administration, police said.

Coach was charged with obstructing governmental administration, police said.

Davis was arraigned in Southold Justice Court, police said.

During arraignment, Davis was agitated and unruly, police said. Price ordered Davis released on his own recognizance, police said.

However, while still in the courtroom, Davis began to make numerous threats to himself and others and had to be taken back into custody, police said.

Davis then struggled with police and court officers, causing injury to Southold Town Police Officer Salmon, police said.

Davis was transported back to Southold Police headquarters and was then also charged with second degree assault, a felony, and obstruction governmental administration, police said.

On Tuesday night, the PBA came before the town board en masse, to express concern about a radio transmission failure that meant calls for help went unheeded; Supervisor Scott Russell said a consultant was being hired to address the situation and the town stands ready to help.