District Attorney Hoovler: Jury Trial Conviction in Middletown Assault
Newburgh Man Convicted of Assault and Unlawful Imprisonment
Orange County District Attorney David M. Hoovler announced that on Friday, December 15, 2023, Brian Powell, age 50, of Newburgh, was convicted following a three-day jury trial in theMiddletown City Court of Assault in the Third Degree and Unlawful Imprisonment in the Second Degree. The defendant is facing up to one year in the Orange County Jail on each count when he is sentenced on January 26, 2024. Powell was remanded without bail after the jury rendered its vedict.
As alleged at trial and in documents filed and statements made in court, on January 7th, 2023, the female victim accompanied an acquaintance to an apartment in the City of Middletown. In the apartment was Powell and other individuals who were unknown to the victim. When the victim’s acquaintance left the apartment, Powell made advances on the victim who attempted to leave the apartment. Powell proceeded to assault the victim by repeatedly punching her in the face, causing significant bleeding and physical injury. Terrified, the victim attempted to flee the second-story apartment by jumping through a window, but Powell told her that she could not leave. The victim was then able to defend herself by grabbing a knife from the kitchen and stabbing Powell who finally stopped assaulting her. Another occupant of the apartment called the police who responded and rendered medical attention to Powell and the victim. After a thorough investigation, Powell was later arrested by members of the City of Middletown Police Department.
District Attorney Hoovler thanked the City of MiddletownPolice Department for their investigation and the arrest of the defendant.
“But for the victim’s bravery on the night of the assault and through her testimony in court, this violent offender would not have been held accountable,” said District Attorney David M. Hoovler. “No one deserves to be attacked without provocation and, thankfully, the victim was able to recover from the injuries she sustained as a result of the defendant’s actions. I commend the dedicated work of the Middletown Police Department whose careful investigation of a difficult crime scene ensured that the defendant was brought to justice.”
District Attorney Hoovler highly commended Assistant District Attorneys David Greenwald and Kevin Sharp who prosecuted the case.
A criminal charge is merely an allegation by the police that adefendant has committed a violation of the criminal law, and it is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the State of New York’s burden to prove guilt beyond a reasonable doubt.