Syracuse, NY — An Auburn military veteran could spend months in jail soon after admitting he struck a Veterans Affairs personal computer watch in frustration more than treatment.
Joey Edgbert, 59, faces the possible jail sentence due to the fact he broken federal authorities property, a crime punishable by up to a calendar year in jail, according to court data.
What specifically occurred in the course of the Nov. 23, 2020 appointment with a nurse practitioner continues to be in dispute. The practitioner accused Edgbert of leaping off an test desk and aggressively approaching the nurse, creating the nurse to retreat backwards into his chair in a protection place, according to the prison criticism.
Edgbert then is accused of kicking the nurse practitioner in the ankle in advance of getting a swing with his hand at a 17-inch laptop or computer observe, destroying the display and hitting the practitioner in the method.
But Edgbert’s attorney, Assistant Federal General public Defender Randi Bianco, preserved that he was disappointed at a error in his file that prevented him from finding a needed shoulder surgical procedures that was resulting in him critical discomfort. When Edgbert pointed out the mistake, the nurse practitioner wouldn’t listen, Bianco wrote in court papers.
Edgbert maintains that he did not kick the nurse practitioner and only slapped at the keep track of in disappointment and accidentally hit the nurse practitioner in the process.
Edgbert experienced been frustrated due to the fact shedding his career thanks to the shoulder personal injury in early 2020, Bianco wrote. He was involuntarily held in a psychiatric medical center two moments last calendar year. When released, Edgbert thought that he would at last get the shoulder surgical procedures he required.
But an mistake in his healthcare heritage noted that he experienced blood clotting challenges that he didn’t have, Bianco continued.
“That was the very last straw,” Bianco wrote. “The nurse practitioner refused to listen to him, and he lashed out at the laptop and accidently hit the nurse practitioner.”
Federal sentencing procedures suggest that Edgbert should really experience anywhere from no jail time up to 6 months in jail, to be identified by a decide.
Bianco wrote that she thought a single year on probation would be a reasonable sentence. Assistant U.S. Attorney Richard Southwick has not yet submitted his sentencing suggestion yet with the court docket.