Attorney Michael J. Brown said his client, Daniel Tomasky, 42, acted in self-defense during the altercation. NewsdayTV’s Virginia Huie reports. Credit: Newsday/Photo Credit: Thomas J. Lambui; Paul Mazza
By Grant Parpan
An attorney for the Shirley man charged in a stabbing at Adventureland amusement park last month said his client “feared for his life” as he stepped in to defend his wife during an altercation that escalated in violence.
Daniel Tomasky, 42, pleaded not guilty at his arraignment on a felony indictment before acting State Supreme Court Justice Anthony Senft in Riverhead criminal court Wednesday. He’s charged with first-degree assault with intent to cause serious injury, second-degree assault, criminal possession of a weapon and a pair of misdemeanor offenses.
“There is nothing else my client could have done in that situation if, in fact, he stabbed this individual,” said defense attorney Michael J. Brown, of Central Islip. “He certainly was fearful not only for his life, but for his wife’s life and for his son’s life.”
Brown said that while the Tomaskys had a relationship with the alleged victim in the case, they did not go to the Farmingdale park together and he said the altercation was provoked by the other parties involved.
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A Shirley man charged in a stabbing at Adventureland amusement park last month “feared for his life” as he stepped in to defend his wife during an altercation that escalated in violence, his attorney said.
Daniel Tomasky pleaded not guilty at his arraignment Wednesday on a felony indictment charged with first-degree assault with intent to cause serious injury, second-degree assault, criminal possession of a weapon and a pair of misdemeanor offenses.
Defense attorney Michael J. Brown said that while the Tomaskys had a relationship with the alleged victim in the case, they did not go to the Farmingdale park together and he said the altercation was provoked by the other parties involved.
Prosecutors have said a dispute involving several people erupted at 4:50 p.m. at the amusement park on July 7 and ended with Tomasky allegedly stabbing James Burns, 47, of Edgewater, Florida, in the abdomen with a folding knife.
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Burns was taken to Nassau University Medical Center in critical condition and required immediate surgery, police and prosecutors said. An update on his condition was not immediately available.
In a news release, the Suffolk County District Attorney’s Office maintained that while members of Burns’ family were involved in the altercation, he was not. Prosecutors said Tomasky pulled the knife from his waistband and charged Burns while children looked on.
“Our community deserves to feel safe in places open to the public, particularly those designed for families,” Suffolk District Attorney Ray Tierney said in a statement. “This indictment represents our commitment to upholding that safety.”
Prosecutors allege Tomasky disposed of the knife in a sewer drain near his vehicle shortly before Suffolk police officers arrested him at the scene.
Brown told Senft Wednesday that after a review of surveillance video turned over to law enforcement by Adventureland, he believes his client acted in defense of himself and his wife, who was attacked by multiple women and men. The attorney said the video shows Tomasky getting involved only after the group attacked his wife.
“That is when this mob mentality increased; it’s three or four [people] now, actual men, hitting my client,” Brown said. “One of these gentlemen actually hit my client to the point where he was projected and propelled onto the floor some 5 or 6 feet.”
Brown said the video shows his client briefly losing consciousness at one point in the scuffle.
Tomasky, who stood at his attorney’s side as he answered questions outside the courtroom, will remain free on $100,000 bond. They declined to say how the parties all knew each other.
Prosecutors argued for bail, saying Tomasky, a lifelong Suffolk resident who runs his own plumbing business, had six prior convictions, including one prior violent felony.
New York State prison records show Tomasky has spent a total of about 7½ years in state prison on prior drug and weapons convictions, all dating back more than a decade. Brown noted that Burns and his wife also have lengthy criminal histories, alleging Burns had 17 prior arrests, including felony convictions.
Brown said his client has been married to his wife since 2015 and is focused on his family and business.
Senft said that while he views Tomasky as enough of a potential flight risk to maintain his existing bond conditions from his previous arraignment, he noted the Shirley resident has made all of his court appearances in prior cases and has no parole violations.
He is due back in court Sept. 3.
