Brawling Brothers Back Before Judge

A Montauk man spent almost six days in county jail early this month for violating an order of protection that was no longer in effect. The order involves Richard and William Quimby, who are brothers, and a second order of protection had already been issued by East Hampton Town Justice Steven Tekulsky.

Richard Quimby, 55, had been arrested on Jan. 2 after an alleged altercation with William Quimby, 58, who called police to the South Elroy Drive house they share with their mother. When he was arrested, his brother showed police a copy of a temporary order of protection that had been issued by East Hampton Town Justice Lisa R. Rana almost a year ago. It required Richard Quimby to refrain from injuring or harassing his brother. Believing the order valid, and because William Quimby had allegedly suffered a scratch in the dust-up between the brothers, police charged Richard Quimby with criminal contempt at the felony level.

The felony charge had serious implications because Richard Quimby has had multiple felony convictions in the past, particularly for drunken driving convictions. On Jan. 3 during the arraignment, Justice Tekulsky was precluded from setting bail, which can only be done under such circumstances in state court.

Because a defendant held on a felony charge must be indicted by a grand jury or released from jail after five days, in almost all circumstances, Mr. Quimby was released on Jan. 8. The case came before Justice Tekulsky again last Thursday.

“It seems that the temporary order of protection is no longer valid,” Adriana Noyola, an  assistant district attorney, told the court in reference to the original order. It had been vacated when William Quimby had failed to show up for an earlier court proceeding.

Still, nothing came easily for Richard Quimby. When he was arraigned on Jan. 3, Justice Tekulsky had issued a new order of protection, this one requiring that he stay away from the South Elroy Drive house.

That was difficult on the family, Brian Frances, Richard Quimby’s lawyer from the Legal Aid Society, told Justice Tekulsky, because he was the sole supporter of their mother. William Quimby wanted the new order vacated and replaced with one that would allow the brothers to live under the same roof, the attorney said.

The problem, Justice Tekulsky pointed out, was that William Quimby, who had been in the courtroom earlier, was nowhere to be found, apparently headed back to Montauk to his mother. Justice Tekulsky explained that he needed to hear that request from William Quimby in person. Phone calls were made, and William Quimby soon appeared. Under oath he told the court he wanted the order of protection changed. 

Justice Tekulsky modified the order, as requested, though he added a stipulation that alcohol not be consumed in the house.