By Thomas J. Prohaska
News Niagra
LOCKPORT — Mark L. Feldhousen, a suspended Niagara Falls policeman, apparently lost his job and his right to lifetime city-paid medical insurance after he was found guilty Tuesday of assaulting his girlfriend in her home Nov. 12.
After four hours of deliberation, a Niagara County Court jury of ruled Feldhousen, 59, was guilty of third-degree assault, a misdemeanor, but not guilty of second-degree assault, a felony.
When reporters asked defense attorney Jon L. Wilson if the verdict meant Feldhousen would lose his job, Wilson referred the question to Feldhousen, who answered, “Yup.”
It was his only comment on the verdict. Judge Matthew J. Murphy III could put him in the County Jail for up to a year when Feldhousen returns to court June 22.
Police Superintendent John Chella said he talked to the city’s attorneys. “It does call for an immediate termination, but I’ll leave it in their hands,” Chella said.
He said the matter could be complicated by an appeal of the conviction, which Wilson said he is considering.
Feldhousen, who has been a policeman for 40 years, 39 of them with the city, apparently would be disqualified from further police service on two grounds.
“Under federal law, if you’re convicted of a domestic violence offense, you can’t carry a firearm,” said Administrative Capt. John DeMarco.
Deputy Corporation Counsel Christopher M. Mazur said he expects an eight-year order of protection, also barring Feldhousen from carrying a gun, would be part of the sentence.
Asked if Feldhousen’s state pension is endangered, Mazur said, “I don’t think so, because he’s vested. But if he doesn’t retire he wouldn’t be entitled to certain benefits from the city, like the health insurance.”
Mazur said he thinks it’s too late for Feldhousen to retire.
But for now, Feldhousen will continue to draw his $52,951-a-year base salary, as he has since his Dec. 14 arrest.
Feldhousen was accused by his girlfriend of three years, Shona Hamilton, 40, of attacking her in the bedroom of her Cudaback Avenue home, and ramming her head into two dressers.
Hamilton said the attack was unprovoked and occurred as she kissed Feldhousen on the cheek as he lay face down in bed.
A doctor testified that Hamilton suffered a concussion, a punctured eardrum and assorted bruises.
Feldhousen testified that any injuries Hamilton suffered occurred as he tried to escape an attack from her. He said Hamilton climbed on his back, tore off his clothes and scratched and kicked him.
The jury acquitted Feldhousen on the felony charge of intentional assault with a dangerous instrument.
“My belief is, they probably took issue with the dresser being a dangerous instrument and were more comfortable with the assault third [degree],” Assistant District Attorney Lisa M. Baehre said.
The jury also rejected a subsection of third-degree assault accusing Feldhousen of intentionally causing injury, but found him guilty on a subsection that covered reckless conduct.
“They eliminated intent because it’s kind of silly to say you intended to bounce somebody off specific pieces of furniture,” Wilson said.
But the jury also refused to check the box that they acquitted Feldhousen of the felony on the grounds of self-defense.
Baehre said, “They way I interpret that verdict is, if they didn’t believe [Hamilton’s] story, they would have found the justification defense. What that verdict tells me is, they believed her story.”
Hamilton did not react as the verdict was read. Baehre said Hamilton was pleased and cried when she explained it to her later.
Wilson said he disagrees with the jury’s finding of reckless conduct, because the legal definition of recklessness is “you have to be aware of the risk and you have to perceive the risk. Here, he would have to know, ‘If I get her off me, there’s a chance she might hurt herself on these various pieces of furniture.’”
Copyright 2011 The Buffalo News