MOUNT KISCO, N.Y. – A Mount Kisco man accused of stabbing another man in the neck Sunday was released without bail Thursday night at the request of his attorney.
Joseph Holmes, 67, had bail set at $2,000 or $4,000 bond Sunday, which the judge called "modest" and that the suspect failed to meet. Holmes was released on his own recognizance. The judge also signed an order of protection for the victim against the suspect.
His attorney made the case that there are justification issues, and that Holmes has strong ties to the community. He has lived on Maple Avenue for 15 years and in Mount Kisco for 50 years. He is retired and lives on of his Social Security benefits.
While Holmes has been charged with petty offenses in the past, his attorney, the prosecution and the judge agreed that those are minor offenses.
The prosecution sought $50,000 bail.
“Rather than focus on his criminal history, which is quite old and they’re not very serious offenses as council has point out, I will point out the seriousness of this charge,” the prosecution said. “The defendant is accused of stabbing the victim in the neck and causing serious physical injury to the victim.”
He was charged with first-degree assault in connection with the stabbing Sunday. The status of the victim is unknown at this time.
The prosecution said there are two witnesses who say the defendant stab the victim in the neck. Neither, he said, saw “the victim attack the defendant with any sort of weapon or anything would justify such an extreme response as a stab to the neck.”
Holmes asked the judge if he could issue an order of protection for him against the victim. The judge said he cannot because the victim is not charged with anything.
“My suggestion to you is if you see him, go the other way,” the judge said.
Holmes is due back in court Feb. 27.
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