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Orders of Protection Abound in Domestic Disputes Here

Thu, 05/23/2019 - 06:38

A traffic stop led to the arrest of David Schiavoni of Water Mill early Tuesday morning on a felony charge of violating an order of protection. Mr. Schiavoni, who will be 54 this month, was also charged with misdemeanor drunken driving and harassment as a violation.

Suffolk County Justice Jennifer Henry had issued the order of  protection for Jolene M. Cagne Saturday during Mr. Schiavoni’s arraignment in her Central Islip courtroom on two misdemeanor charges stemming from an incident at about 11 p.m. Friday night at a Centereach residence. Mr. Schiavoni and Ms. Gagne apparently had a dispute, with Ms. Gagne attempting to dial 911, only to have Mr. Schiavoni allegedly take the phone and disable it.

According to police, the two were together at the Shagwong restaurant and bar in Montauk early Tuesday despite the order of protection. There, at 12:47 a.m., a bystander phoned police saying Mr. Schiavoni had shoved Ms. Cagne to the ground, causing knee abrasions. Mr. Schiavoni fled the scene, police said, headed west in a 2016 Fiat. Police pulled him over at 12:59 a.m. near Spring Close Highway in East Hampton as he was going 62 miles an hour in a 40-m.p.h. zone.

“I definitely shouldn’t be driving,” he allegedly told the arresting officer. “I had a shot and I’m drunk.” According to the police, the Fiat was unregistered and uninsured, and Mr. Schiavoni was not wearing a seatbelt, leading to additional violation charges.

He was arraigned in East Hampton Town Justice Court late Tuesday morning by Justice Lisa R. Rana, with Edward Burke Jr., as his attorney. Rudy Migliore Jr., the prosecutor, asked that bail be set at $5,000. Mr. Burke, however, asking the court to release him without bail, said, “I’ve known David our entire lives.” He said Mr. Schiavoni owned several businesses and properties on the East End and was not a flight risk.

Justice Rana, however, said she was very concerned about the allegations. The order of protection, she said, had  been issued just three days earlier. “This is a complete stay-away order of protection. I don’t care if she called you first, or you called her first.” She said there was no reason for her to issue a new order of protection, since the one issued by Justice Henry was quite explicit. She set bail at $1,000, which was posted.

Several times during the arraignment, Mr. Schiavoni had begun speaking directly to Justice Rana. “You have a very casual attitude. Don’t talk to me about what happened,” she said.

In another case that led to an order of protection, East Hampton Village police arrested Michael Edward Garstin, 68, on a charge of criminal trespass as a misdemeanor Sunday night. According to police, he and Dale E. Leff were at their house on Meadow Way Sunday when they got into an altercation. She called police, asking them to tell him to leave, according to the court file. An officer did so and warned that if Mr. Garstin returned he would be arrested. He returned, police said, and so did the officer.

“You were told not to return. What are you doing?” the officer asked. “I just needed a phone number, that’s all. I wasn’t even inside,” Mr. Garstin is quoted as responding. He was arraigned the next day and Justice Rana issued an order of protection for Ms. Leff. Recognizing his ties to the community, she released him without bail.

Kristin E. Zabel, 31, who lives in Springs, has been in county jail since her arrest by Sag Harbor police and her arraignment early on the Fourth of July in Sag Harbor Village Justice Court during which, police said, she began directing profanities at Justice Rana.Ms. Zabel had allegedly been injecting herself with liquified cocaine in a car on Washington Street, with two more hypodermic needles on her lap and in possession of several envelopes of the drug, according to police.

Justice Rana set bail at $4,000. Ms. Zabel appears to have a history of drug-related arrests, particularly in Massachusetts. She remained in county jail as of yesterday morning.

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