RAMAPO — A man involved in the Spring Valley water-balloon incident — in which 50 men surrounded a family — agreed Thursday to accept 40 hours of community service and sign a letter of apology to the family of Sherry Scott, the village clerk.
As part of the court agreement, Solomon Simkowitz, 40, of Wesley Hills will see charges that he pushed Scott and harassed her family on June 15, 2011, dismissed if he stays out of trouble for six months after finishing his community service.
Morris Jacobowitz, 32, of Spring Valley, balked at the prosecution’s offer before Ramapo Justice David Stein. Defense lawyer Peter Tilem said Jacobowitz wasn’t involved and he wanted to speak with the prosecutor while evaluating the non-jail offer.
There’s no plea involved in an adjournment in contemplation of dismissal.
The case returns to Stein on Feb. 14. Jacobowitz will make a decision on the offer, while Stein will assess Simkowitz’s community service progress with Bikur Cholim inMonsey, which provides services for people in hospitals and other medical facilities.
Scott denounced the agreement, calling the process “political” and saying she’s lost faith in the criminal justice system.
“They threw me against the wall,” Scott said. “I begged them to stop. There was no need for what happened. All this over a water balloon.
“Maybe I should call my own gang next time. I held off my family and neighbors. I don’t like violence,” she said. “Violence doesn’t help anyone.”
The incident erupted when Scott’s then-11-year-old daughter tossed a water balloon and hit a car driven by a Hasidic Jew, who was turning off Monsey Boulevard onto Fletcher Drive.
The driver called the Chaverim of Rockland, a volunteer group that assists community members. About 40 to 50 members of Chaverim descended on the apartment where the Scotts live on Fletcher Drive, police said.
Both sides give different versions of what happened. Spring Valley police and Scott contend the driver chased Scott’s daughter, who was then protected by a 17-year-old cousin. Scott and her son, Junathan McNeil Sr., 36, came outside. The Chaverim and the Scott family began pushing each other, as Scott’s daughter Shatiya tried to get into her apartment. At some point, Scott said Simkowitz pushed her against a brick wall, injuring her leg and back.
Spokesmen for the Chaverim have said members called the police and then blocked the entrance to the Scott house to prevent the youngsters from escaping. Local religious residents have complained about objects being thrown at their cars.
Spring Valley police charged Simkowitz with third-degree assault and second-degree harassment and Jacobowitz with second-degree reckless endangerment, second-degree unlawful imprisonment and second-degree harassment.
Months later, Yakov Rosenberg filed a criminal complaint charging Junathan McNeil Sr. with second-degree harassment.
The Rockland District Attorney’s Office dropped the charge.
The volatility between the two communities brought the NAACP into the case. Attempts to mediate the charges outside of court have not been successful.
Simkowitz’s lawyer, Matisyahu Wolfberg, said Thursday that his client wanted to put the incident behind him. Simkowitz works full time and volunteers with Chaverim and the Hatzolah Ambulance Corps.
Wolfberg said poor communication existed on the day of the incident and both the religious and black communities should work at living together in peace. He said the Chaverim is dedicated to helping people, not violence.
What the apology letter will say is not known. Stein said he would leave it up to the lawyers and prosecutor Kevin Dunlap to formulate the letter.
“We are going to apologize to the people who felt they were somehow victimized by the incident,” Wolfberg said.
Scott said she’s not pleased. She has filed a civil lawsuit in the case.
“If this was the opposite way around, I would be in jail right now for putting my hands on them,” Scott said. “We could have resolved this that day. The driver should have come to speak with me about my daughter.”
Lohud.com
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