New Paltz deputy town supervisor Jeff Logan is unlikely to suffer any penalty for allegedly whispering a profanity-laced tirade into the ear of fellow Town Board member Dan Torres in March. He appeared before justice Kevin V. Hunt of the Shawangunk Justice Court on Monday night, where Hunt adjourned the matter in contemplation of dismissal. The judge also had Logan agree to abide by a temporary order of protection, which will last as long as the adjournment, six months.
New York State criminal code § 170.55 states, “An adjournment in contemplation of dismissal is an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument in furtherance of justice,” and also authorizes local court justices to order a temporary order of protection to run concurrently. Unless the district attorney’s office seeks to reopen the case within six months — presumably because Logan is found to be harassing Torres again — the matter, and the order of protection, will be dropped. The statute further states that, “The granting of an adjournment in contemplation of dismissal shall not be deemed to be a conviction or an admission of guilt.”
Justices have wide latitude as to what conditions to impose in an order of protection. While avoiding contact or staying a certain distance from the complaining witness is what often comes to mind, such restrictions are not required. In this case, the order only prohibits Logan from further harassing Torres.
Logan, reached for comment via e-mail, said that “as far as I am concerned, this issue is now behind me, my family and our community. I will continue to serve our community as deputy supervisor of the Town of New Paltz.”
The incident occurred on March 26 at the community center, where Town Board members were gathering for a scheduled meeting. According to Torres, Logan pulled him aside to discuss the ongoing issue of securing an adequate water supply for town users when the New York City DEP temporarily shuts down the aqueduct, and thus the village water supply, which some town residents are connected to. When Torres did not immediately express support for Logan’s plan, Logan allegedly reacted by saying, among other things, “I could end you,” which Torres interpreted as a threat and also recorded. Torres had requested that a year-long order of protection be imposed.
“I cannot get into [Torres’] head to tell you why he feels need for the [order of protection], since we ran together on a campaign and have had three months of board meetings, Democratic committee meetings and various town meetings with both attending and no incidents since the complaint was filed,” said Logan.
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