A 25-year-old Batavia resident accused of biting a police sergeant will take his case to a jury.
Donald F. Stillwagon II, of 142 Pearl St., charged with a assault in the second degree, appeared in Genesee County Court today to either accept or reject a plea offer from District Attorney Lawrence Friedman.
The offer, six months "shock probation" -- a short time in jail followed by a term of probation. The alternative, if convicted by a jury, is a possible seven-year stint in state prison.
Judge Robert C. Noonan made it clear that after today there will be no chance for Stillwagon to accept a negotiated plea. Stillwagon said he understood that.
Stillwagon is accused of biting Sgt. John Peck, Batavia PD, in the arm after Peck arrived at his house in response to a domestic disturbance.
Reportedly, a male there was choking another person, which prompted the police response. The alleged incident occurred Oct. 1.
Peck sustained a minor injury and was treated and released at UMMC.
The trial date is April 18.
