http://www.syracuse.com/news/index.s...salmon_ri.html]
By Debra J. Groom / The Post-Standard
May 07, 2010, 7:32AM
Albion, NY -- Witnesses to the attack of an Ithaca man on the Salmon River in Albion say two men kicked and punched William Murray repeatedly and held his head below water, according to statements given to police.
Murray, 62, was attacked while he was fishing the river about 4 p.m. April 8.
Police with the State Department of Environmental Conservation arrested Patrick A Mahoney, 42, of state Route 13, Altmar, and Robert R. Mahoney III, 45, of county Route 15, Boylston. They each are charged with misdemeanor counts of assault and petit larceny and an environmental conservation charge of fighting in a fishing access area.
They will be arraigned in Albion town court June 7.
» Read the statement by William Murray to police.
Watertown lawyer David Antonucci, who represents the Mahoneys, said Murray was the aggressor in the altercation and his clients were defending themselves.
"He came toward my clients," he said. "We intend to absolutely stand by our position that this was self defense."
Murray suffered a concussion and spent two days in a Syracuse hospital. The Mahoneys, who work as river guides, could lose their state-issued guide licenses if they are found guilty of violating the state Environmental Conservation law or state Code of Rules and Regulations.
Five of six witness statements included in the court documents state either three or four men were involved in the attack. These witnesses are from various locations and one stated he is a friend of Murray.
In his statement to state troopers, who also assisted in the investigation, John P. Biagini, of Utica, said he saw a man he identified as Pat Mahoney running towards Murray.
"The guy hit him hard and tackled him. The guy then bent down, grabbed him by the hair and started hitting him over and over in the head. He was also holding Murray’s head under water from time to time. I heard Murray screaming," Biagini told the troopers.
He said he also saw a man he knows as Bob Mahoney join in the attack along with a third man. He said Bob Mahoney kicked Murray in the head with his boots with spikes on them. The third man hit Murray in the face, he said.
"I watched Murray get put under water at least five or six times," he told the troopers. "It was an awful fight. I couldn’t believe all three of them were fighting him, he couldn’t get away because his waders were full of water and they were right on top of him."
Biagini and witness David A. Deep of Lacona said a number of men fishing in the area yelled at the attackers to stop. One of the men told Deep to "mind your own business."
Biagini said when he told the men to stop, "they started to threaten me."
Deep also said he recognized two of the men as Bob and Pat Mahoney.
Francis J. Polick of Ellenvlle, told DEC police he saw Murray "kneed in the face" by one of the men. "I called 911 and reported what I was seeing in fear that they were trying to kill this guy," he told the police.
Witnesses Bruce A. Rogers, of Ithaca, and Robert Bisignani of Moscow, Pa., said neither saw Murray "throw a punch." Rogers also said he heard the men accuse Murray of "slashing their tires. They said this is the end of it. It wasn’t going to happen again," he told state police.
Rogers said he believes the fight lasted about five minutes.
Antonucci said the April 8 incident was one in "a pattern of harassment from the victim fro a number of years." He said the Mahoneys tried to deal with the harassment by contacting the authorities, but to no avail.
"When he (Murray) charged at my client, he had to defend himself," Antonucci said.
Last week, Murray was seen by other doctors in Ithaca and diagnosed with cerebrospinal fluid rhinorrea — that is, fluid surrounding the brain leaks into the nose. Murray’s wife, Jeannette, said doctors told them the condition can be caused by trauma.
The two misdemeanor charges against the Mahoneys can result in fines of up to $1,000 and jail time of up to one year. The Environmental Conservation Law violation carry a fine up to $250 and imprisonment for up to 15 days.
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