NORWICH – 32-year-old Jacob M. Fowlston was arrested Wednesday afternoon and charged with a hate crime, stemming from an assault charge brought against him Saturday.
It is now alleged that Fowlston, at approximately 3:45 a.m., on Dec. 24, 2016, on Fair Street in Norwich did intentionally commit the crime of assault in the third degree, as a hate crime.
In itself, the assault charge is a class A misdemeanor, and alleges that he “with intent to cause physical injury to another person, he causes such injury to such person.”
Following Wednesday’s arrest and the addition of the hate crime allegations, it’s further alleged that the assault involved racial epithets, and Fowlston now faces class E felony charges.
Per New York Penal law, a person is guilty of assault in the third degree as a hate crime if he, “Intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct; or intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.”
Judge James E. Downey presided over Fowlston’s arraignment which was held Wednesday following his arrest by Norwich Police Department’s Detective-Sergeant Reuben Roach.
Downey said it is alleged that Fowlston followed the victim, David Jennings, down the street and called him three different racial slurs [omitted], before, during and after striking the victim in the head multiple times. Downey said the charges allege it was “because of the victim’s color.”
Fowlston also faces the charge of criminal mischief in the fourth degree, where it is alleged that he, while having no right to do so nor any reasonable ground to believe that he has such right, he intentionally damaged property of another person.
Judge Downey said that it is alleged that at the same time and place as above, it’s alleged that Fowlston did damage the property of Jennings by breaking is glasses into pieces.
Downey continued to read the description of the charges to the accused, adding that with the intent to cause physical injury, it’s alleged Fowlston physically injured Jennings by punching him with a closed fist causing lacerations to both eyes.
Downey provided all statements from the victim, and the charges against Fowlston to the defendant at the time of the arraignment.
Downey advised Fowlston of his rights, including: his right to be represented, right to an assigned attorney if he could not afford one, right to a jury trial, the right to represent himself, the right to enter a plea, the right to have bail set on the matter and the right to a felony hearing.
The People were represented by Chenango County District Attorney Joseph McBride and Assistant District Attorney Laura Parker.
When asked if he wanted representation on the matter, Fowlston responded in the affirmative.
He also said, “Yes, sir,” when Downey asked if he would like an application for a public defender.
“The allegations are very, very serious,” said McBride. “This is a serious crime. While the defendant does not appear to have a criminal record, he has every reason to flee this jurisdiction due to these charges. The people ask that the court set bail at a reasonable $25,000.”
Downey asked Fowlston questions so that he could determine what he thought would be a reasonable bail based on the charges.
Fowlston said he was born and raised in Norwich, is married with children, and has held his current job for two years. He told the court he has relatives in the area including his parents, aunts, and uncles.
