MOUNT MORRIS – A Grand Jury chose not to indict a Village resident on Wednesday.
The Grand Jury found that there was insufficient evidence to indict LaMoy on felony Assault in the Second Degree, misdemeanor Leaving the Scene of a Property Damage Accident, and Harassment in the Second Degree, a violation. LaMoy has maintained since the beginning that he is not guilty.
“After several times asking [the sex offender] to leave he refused so I left my home in my vehicle to defuse the situation,” said LaMoy in July. “I went around the block when I came back up my street he was engaged in conversation with my retired tenant. I pulled in my driveway and asked him to leave again. He told me he would knock me out, burn my house down, rape my kids, slit my throat, and rape [me]. I dialed 911 and after several minutes he continued to be threatening and five people were egging him on to beat me [up]. I got in my vehicle backed out of my driveway and when I went to pull forward he came up to the front of my car yelling spread his arms out and went limp on the hood of my car.”
Mount Morris Police Chief Ken Mignemi said that the alleged victim was knocked down and complained of leg pain. To be guilty of Assault in the Second Degree, a person must intend to cause physical injury to another person using a deadly instrument and cause such injury. Police said that the car was the deadly instrument in this case and that the alleged victim complained of leg pain.
Both LaMoy and police said that he left the scene. Police said that LaMoy refused to turn himself in and a local Justice had to sign a bench warrant for his arrest. LaMoy denied this from the beginning.
“Derek’s story never changed,” said LaMoy’s attorney, Peter Glanville. “The witnesses’ stories changed. I think that the Grand Jury believed Derek’s story and the right result happened. The DA’s Office cannot re-indict this case and the police cannot re-charge him for this incident, so this case is closed.”