CRIMINAL MISCHIEF - POTSDAM - Village police charged Marshall J. Garner, 70, of 24 Waverly St., Potsdam, with twofelony counts of third-degree criminal mischief - damage to anothers property amount greater than $250, fourth-degree criminal mischief - disabling equipment to prevent request for emergency assistance and third-degree assault at 11:07 p.m. Tuesday following an investigation into a domestic dispute on Waverly Street.
He was arraigned by Stockholm Town Justice Wayne Williams and released on his own recognizance after calls for bail recommendations to two members of the District Attorneys Office. The court also signed a temporary order of protection directing Mr. Garner to stay away from his wife and daughter.
He was ordered to immediately surrender his hunting rifle to the Potsdam Police Department and to return one vehicle to his Waverly Street residence on Wednesday.
Mr. Garner reportedly repeatedly threw his wifes Ipad 2 on the floor, causing the screen to shatter, and also repeatedly threw her Iphone 4s on the floor, breaking it into several pieces and also shattering its screen. The replacement cost of the phone was reported as $450 and the replacement cost for the Ipad is reportedly $349.
According to court documents, Tammy L. Garner was sleeping when her husband entered the bedroom and started swearing and yelling at her. He reportedly accused her of lying, grabbed her phone and Ipad and told her he was going to smash them before heading back downstairs.
Ms. Garner told police when she went downstairs she saw her husband throwing her phone and Ipad against the floor. He then reportedly started to shove her, knocked her to the floor and punched her several times in the face and head.
Mr. Garner is also accused of grabbing a cordless home phone that his 18-year-old daughter had been using to call 911 seeking assistance during the domestic dispute and started talking to the dispatcher.