A man accused of strangling a medical resident at the Veterans Administration eye clinic in Manhattan has been indicted on a federal charge, with the case now assigned to a Southern District of New York judge. The assault happened on August 6, and the man reportedly fled the clinic within two minutes.
According to Inner City Press, the medical resident worked at the VA eye clinic and was assaulted there on the day in question. The outlet reports the man was indicted on Friday for assaulting a person assisting an employee of the United States in the performance of official duties. The case is captioned USA v. Simmons, 1:26-cr-497, and has been assigned to Judge Loretta A. Preska.
Bond, a Sweatshirt, and a Fast Exit
Per the same outlet's reporting, the man was released on bond out of the U.S. District Court for the Southern District of New York magistrates court following his initial arrest. The original criminal complaint reportedly includes photographs of the man entering the clinic wearing a black sweatshirt with “1977” printed on the front in white lettering — an image investigators apparently used to help identify him. The report also states he fled the scene within two minutes of the alleged assault.
What Comes Next in Federal Court
The case may have a teleconference with a magistrate judge on November 2, though Inner City Press's report notes that it is unclear whether that proceeding will actually occur. No additional detail on the defendant, the medical resident, or the circumstances of the encounter has been made public in connection with the indictment.
The Federal Statute at Issue
The charge stems from a federal law protecting people who assist government employees in their official duties. The text of 18 U.S.C. § 111 states that anyone who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with a person designated under a related statute, while that person is engaged in or on account of official duties, may be fined up to $5,000, imprisoned for up to three years, or both. A related provision, 18 U.S.C. § 1114, addresses killing or attempting to kill a federal officer or employee, or a person assisting them, while that person is performing official duties or because of that assistance — though the available text of that statute does not include its full punishment provisions.
