A Brooklyn judge has sided with a US Army vet in dismissing criminal charges against him stemming from a 2013 altercation during which he threatened his landlord with a fake gun.
The vet, only identified as 29-year-old John Doe in a court decision filed Friday, was charged with misdemeanor menacing after he got into it with his landlord over parking his car in the driveway.
Court documents say Doe, who served in Afghanistan and suffers from post-traumatic stress disorder, had an “imitation firearm” on him at the time.
Doe pleaded guilty and agreed to mental health treatment through the Brooklyn Veteran’s Treatment Court, which allows vets to receive a no-jail, conditional discharge sentence.
After completing more than 100 counseling sessions, he filed a motion to have the charges dismissed – which was opposed by prosecutors who wanted the conviction to stand, according to court papers.
Their position was that a “dismissal would create the impression that menacing others is acceptable behavior,” according to court docs, which note that the landlord victim – a veteran himself – also wanted Doe to stand convicted.
Prosecutors said that Doe “should not reap [the] additional benefit of having [the] case dismissed,” court papers say.
But in a lengthy ruling dismissing the charges, Brooklyn Supreme Court Justice Jo Ann Ferdinand sympathized with Doe.
“He should be commended for his service, his efforts to restore his health, and his commitment to continued service in the military,” the judge wrote in her decision, adding that his rehabilitation would be “defeated by a criminal conviction.”
Doe currently works as an information technology specialist for the Army National Guard, which requires a heightened security clearance, and plans to continue his career in the military, court papers say.
“Clearly, a criminal conviction for a misdemeanor would jeopardize both his present job and future advancement,” the judge wrote.
A spokesman for the Brooklyn DA’s Office said, “We respect the judge’s decision.”