Minor charge baffles brother of beaten man
Police say they were bound by law
The twin brother of a Kingston man who was “brutally beaten” and left bleeding near the Cake Box Bakery and Cafe on Fair Street in late May is struggling to understand why the alleged assailant is facing only a misdemeanor assault charge.
A city police official said that the law does not allow for a felony charge against the suspect, Charles L. Miles.
Miles, 54, of Greenkill Avenue, Kingston, was charged Thursday with misdemeanor assault in the May 28 beating of Steven Augustine in the parking lot of the bakery.
Augustine, 30, of Kingston, was taken to a Poughkeepsie hospital by police about 11:20 p.m. May 28 after being assaulted near the bakery at 8 Fair St., police and family members have said.
Detective Sgt. Brian Robertson of the Kingston Police Department said Friday that Miles could not be charged with felony assault because there was no evidence that a weapon was involved or that he had “intent to cause serious injury.” Robertson, though, said police are continuing to investigate the incident and additional charges are possible if additional evidence is brought forth.
Robertson would not discuss a motive for the assault or say whether Steven Augustine was robbed.
Bryan Augustine said Friday that his brother remains in the hospital. He said the area of Steven’s brain that was damaged controls recognition of people, speech and walking.
“He can see, but he might not be able to walk or talk again . ... He can’t make order of what he’s seeing.”
Bryan said doctors told the family the “best case scenario” is his brother will recover and walk with a limp, and the “worst case scenario” is he will live in a nursing home for the rest of his life. In any event, Bryan said, Steven is facing many months of rehabilitation if he is released from the hospital.
“He can’t make eye contact,” Bryan said. “I hate to say it, but he’s pretty much a vegetable right now.”
Bryan said Steven — who he described as “not a violent person” and someone “doesn’t start fights and doesn’t bother anybody” — suffered two skull fractures, two blood clots on his brain and bleeding from his brain, and had a shunt installed to drain spinal fluid.
Bryan said his brother’s two sons, ages 5 and 9, are losing their father, and that Steven is losing out as well.
“My brother don’t get to see his kids. He don’t get to enjoy his birthday. He don’t get to enjoy the fireworks. He don’t get to enjoy Father’s Day,” Bryan said.
Referring to the alleged assailant, Bryan said, “He gets free room and board and jail for six to 12 months. ... If this happened to somebody who had money, it’d be a lot worse [charge].”
Steven Augustine’s mother, Donna Augustine, also of Kingston, said her grandchildren, especially the 5-year-old, are frightened by their father’s injuries. The 9-year-old visits him frequently, she said.
“His whole life has been taken away from him . ... Now he’s never going to be the same,” Donna Augustine said. “We’re lucky he’s alive, but anything can happen at any time. I don’t understand this justice system.”
Miles was arraigned before Judge Philip Kirschner in Kingston City Court and sent to the Ulster County Jail in lieu of $5,000 bail, according to the court’s chief clerk, Nicole Murphy. Also, an order of protection was issued on Augustine’s behalf, Murphy said.
Miles requested a public defender and is scheduled to appear in Kingston City Court again on Tuesday, she said.