Aftermath of an Accident

A Springs man convicted of disorderly conduct and resisting arrest in October after a three-day jury trial was sentenced last Thursday.

William Cuthbert, who turned 57 yesterday, was ordered to pay East Hampton Town Justice Court $1,575 in fines and fees. As a condition for avoiding probation, he was required to complete an anger-management course over the next year; failure to do so would result in his being resentenced. In addition, he must stay out of trouble with the law over the same time period.

As he stood before Justice Steven Tekulsky, Mr. Cuthbert proclaimed his innocence. Justice Tekulsky then reminded him that a jury of his peers had found him guilty beyond a reasonable doubt.

Mr. Cuthbert was involved in a traffic accident in January, after which he had a verbal altercation, first with other drivers, then with a police officer. Jurors found that he had repeatedly screamed profanities at the officer as well as at other motorists, and that when the officer tried to arrest him he resisted. He had claimed on the stand that East Hampton Town police used “excessive force” in arresting him.

His lawyer, Joseph Giannini, said after the sentencing that the jury’s verdict would be appealed. Mr. Giannini, who declined further comment, had tried repeatedly during the trial, without success, to have the disorderly conduct charge thrown out, arguing that what happened that morning did not meet the legal definition of the violation. Mr. Cuthbert was found not guilty of a third charge, harassment.

Mr. Giannini cited as precedent a case in Rochester, N.Y., in which a man’s conviction for disorderly conduct was overturned on appeal. Justice Tekulsky denied his motion for dismissal, saying in his written decision that the two cases were not analogous on multiple levels.

Court-ordered anger management programs, often imposed in lieu of probation, must be paid for by the defendant, with fees based on a sliding scale depending upon the person’s income. Courts can order participation in these programs after conviction on a wide variety of crimes, excluding sexual offences.