CARS HOMES JOBS

Victim sues two over attack in Glenville woods

Sunday, November 24, 2013
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— The target of an attack last year at a late-night gathering in a wooded area in Glenville has filed suit against two of his attackers.

The victim was hit in the face with an empty vodka bottle, suffering injuries that have since required him to wear a dental implant, prosecutors in the criminal case have said.

Victim Alexander Lewek and his parents filed suit in state Supreme Court in Schenectady County last week against his admitted attacker, Robert M. Nichols, and one of the two men accused of helping him — Tony A. DeLoatch, 20, of Saratoga Springs.

Nichols, 21, of Saratoga Springs, was sentenced to six months in jail in October on his guilty plea to second-degree assault, a felony.

He is to be released in January.

Nichols and DeLoatch were one of three individuals arrested in November 2012 in connection with the July 8, 2012, attack at the gathering in a wooded area behind the Burnt Hills-Ballston Lake Central School District administration building on Cypress Drive.

Police said at the time that the victim suffered a fractured jaw and cuts that required 25 stitches to close. He also lost several teeth.

All three suspects initially were charged with attempted gang assault, robbery and unlawful imprisonment, which are felony charges, police said at the time.

But as the investigation went forward, prosecutors said it was determined that Nichols was the one who hit the victim with the bottle. The other two were considered accomplices, either to the blow with the bottle or to the subsequent theft of a backpack.

For their respective roles, the other two men — Brody J. Gifford, 20, of Glenville, and DeLoatch — pleaded guilty to misdemeanors and were to be given probation. Gifford is not named as a defendant in the lawsuit.

Lewek alleges in the suit that Nichols and DeLoatch discussed jumping him to steal the backpack. After a commotion broke out, the two allegedly confronted Lewek and intimidated him. Nichols then hit Lewek with the bottle and the two then allegedly followed by hitting him with a board, the suit reads.

They then demanded the backpack, which Lewek gave up as he lost consciousness, the suit reads.

At his sentencing in Schenectady County Court last month, Nichols was emotional, apologizing for the attack. “I’m sorry for him, the victim,” Nichols said in court. “I can’t imagine how he feels.”

Nichols was ordered to pay a total of $6,000 in restitution, and provided $1,600 of it at sentencing. There was also indication in court then that a civil lawsuit would be filed.

Lewek and his parents are seeking $5 million in punitive damages in the suit. They are represented by attorney Michael D. Assaf of Albany.

 
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