The Himrod man accused of an attack of road rage earlier this year in Penn Yan that left an elderly man injured, was sentenced to prison Nov. 6 in Yates County Criminal Court by Judge Jason L. Cook.
NICHOLAS R. IRWIN, 26, entered a guilty plea in Yates County Criminal Court Wednesday, Oct. 9 to 2nd degree assault (class D felony) after accepting a plea bargain with prosecutors and the court for a sentence commitment of 3 1/2 years in prison followed by 3 years of post release supervision.
Irwin was charged 2nd degree assault on a person over 65 and more than 10 years older than himself after he was arrested June 13 by Penn Yan Police. Witnesses said Irwin was the front seat passenger in a vehicle stopped at an intersection when he exited the stopped vehicle and confronted the 76-year-old driver of the vehicle behind. Irwin kicked the vehicle and then punched the senior citizen several times in the face and head while slamming his legs in the door as the man attempted to exit the car.
The victim received several cuts to his face and a broken tooth. Irwin admitted in court to hitting the man several times in the face with the intent to cause physical injury.
In a bail hearing in September, Conflict Defender Tiffany Sorgen said Irwin has received a dual diagnosis of mental health and substance abuse issues, and requested Cook grant placement to an inpatient recovery center as a condition of bail in a “bed-to-bed” transfer.
Citing the violent nature of the assault on the elderly man and the fact that the center was not a secure facility, Cook denied the motion and returned Irwin to jail.
District Attorney Todd Casella says Irwin is not eligible for sentencing to shock camp or in prison drug treatment programs because it is a violent felony.