Schenectady cops: Spitting incident ends in felony charges

Thursday, April 17, 2014
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— An incident that started with a man spitting on a city sidewalk Monday ended with that man facing multiple counts, including felony assault on a police officer, authorities said.

Jesus Nater, 39, of 31 McClellan St., is accused of fleeing from city police officers trying to stop him for a violation of a city ordinance against sidewalk spitting.

Once officers caught up with him, Nater allegedly struggled, resulting in an officer injuring his knee and ripping his pant leg, according to papers filed in court.

The incident began at the corner of Albany and Steuben streets just after 4 p.m. Monday. That’s when Nater is accused of spitting on the sidewalk as he rode past city police Officer Kevin Derkowski, according to court papers.

Spitting on a sidewalk “or the platform of any railroad station or upon the floors of public buildings and places” is a violation of city code, according to court papers. The violation is called “expectorating.”

Nater allegedly responded to the officers’ request to stop by fleeing on foot, though he apparently didn’t get far.

Once the officer caught up with him, he struggled, causing Officer Joseph Gatta to suffer an injury to his knee that resulted in pain and bleeding. Gatta was treated by paramedics and at Ellis Hospital. Gatta’s pants were also ripped.

Nater was then also allegedly found in possession of 10 small envelopes of heroin, according to courrt papers.

Nater faces one count of second-degree assault, a felony, and misdemeanor counts of criminal mischief, obstructing governmental administration and resisting arrest, all related to the chase and struggle.

He also faces one count of seventh-degree criminal possession of a controlled substance, a misdemeanor, as well as violation marijuana possession and the violation of expectorating.

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