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Robert Mahoney found not guilty of all charges; Patrick Mahoney guilty of one count of assault, one count of petit larceny and fighting in a fishing area.
Published: Friday, March 04, 2011, 9:06 PM Updated: Friday, March 04, 2011, 9:17 PM
By Debra J. Groom / The Post-Standard
Altmar, NY -- After about four and a half hours, the jury in the Mahoney brothers assault trial Friday night found Robert Mahoney not guilty of all charges.
Patrick Mahoney was found guilty of reckless assault, petit larceny and fighting in a fishing area. He was found not guilty of intentional assault. The assault and petit larceny charges are misdemeanors while the fishing area charge is a violation of state Department of Environmental Conservation law.
Patrick Mahoney will be sentenced at 6 p.m. May 2. Town Justice Howard Allen Jr. ordered a pre-sentence report to be done by the Oswego County probation office.
Assistant District Attorney Mark Moody said Mahoney could be sentenced to one year in jail on each misdemeanor. If the sentences ran consecutively, he would face two years in the Oswego County jail.
There also is a possibility of Patrick Mahoney losing his fishing guide license with the state DEC due to the guilty verdict on the DEC violation of fighting in a fishing area. Moody said that sentence would be handed down by the DEC and not the court.
The jury in Albion town court deliberated for about three hours, but Friday night had all of Patrick Mahoney's testimony read back to them. The read back bean at 6:45 p.m. and was done at 8:08 p.m.
The jury came back with its verdict at 8:20 p.m.
Robert Mahoney, 45, of Boylston, and Patrick Mahoney, 43, of Altmar, were accused of assaulting fisherman William Murray, 63, of Ithaca, as Murray was fishing in the Ellis Cove area of the Salmon River April 8.