P00030008 @078 08~23w518 12:45 Justice Court 8458585115 KEVIN T. CONWAY, Esra. ATTORNEY AT LAW LICENSED N.Y., N.J., CT. 664 RIDGE ROAD EECOTIIS SPRING VALLEV. NY 10977 Guiana-0mm CENTRE West TEL: (845) 332-0208 Boo FRANK w. Hunt: BLVD. sum: 3: (346) 352-048! TEANECK. New JERSEY 07666 July 2019 Via Facsimile (845)659?51 15 Honorable Patrick J. Loftus ToWn Justice Town of Orangetown Justice Court 26 West Orangeburg Road Orangeburg, New York 10962 Re: Panels Douglas Guido Downgraded Felony Charge Dear Justice Loftus, The undersigned has been retained to represent the legal interests of the victim Richard Hess and his parents in connection with the above listed criminal case which is scheduled for a sentencing on July 2019 before this Honorable Court. The clients parents have already submitted a victim?s impact statement on behalf of their deceased son by separate cover and have requested an opportunity to speak before this Court in person for, the sentencing. The undersigned wished by way of this communication to provide this Court on behalf of the victim?s family with the legal procedural history to date which this Honorable Court may not be aware of and is relevant to the Court?s ?nal detennination as to an appropriate sentence. Upon information and belief, this tragic incident occurred on June 2018 at 3 :13 am. on the street in Pearl River, New York whereby Douglas Guido (who had been an acquaintance of the victim) assaulted Richard Hess with a closed ?st on the side of his head causing him to fall remaining unconscious. Mr. Hess later died at the hospital a week after the assault had occurred. The victim?s family did not wish to have an autopsy hon/ever, the medical records from the hospital clearly indicated that Mr. Hess died from the attack due to blunt force trauma to his head. Thereafter, the victim?s family had been advised by police detectiVes that the felony assault charges would be upgraded and the family understood the matter was going to be preacnted to a Grand Jury for further action. Unfortunately, the District Attomey?s of?ce did not present the rugsn9?23?i18 12:45 Justice Court 84535831 '1 T-OQE matter and merely downgraded the original Felony Assault charge to a misdemeanor grade Assault charge which resulted in a further plea before this Court; promised sentence that the District Attorney?s of?ce was making of a straight term ofprobation. namely due to the fact that there had been no autopsy provided.- Notwithstanding same, the undersigned had requested they rte?consider same as the anatomy in and of itself was notheoessary in light of the detailed medical records from the victims? medical providers.? .. . - under the impression that the defendant?s family included members of the law enforcement community and it appeared that he was receiving preferential treatment. As for an appropriate sentence, the Hess family have indicated that while the parties were acquaintances and had been together the night leading up to the Assault this should not outweigh the consequences from same resulting in the loss ofRichard's life. As such, the family believes that the only appropriate sentence would warrant a twelve (12) month term of incarceration cc: Ms. Veronica Phillips, Esq. Assistant Distrigzt?ttomey (Via. Fascimile) Hess 4 1 C0 08?23w?19 12:45 Justice Court 1 Attorney At Law 80 Red Schoolhouse Road Suite 110 Spring Valley, New York 10977 KEVIN T. CGNWAY MEMBER NY. its C'i? Mil" PHONE SEN FAX (545) 352-0481 FACSIMILE TRANSMITTAL SHEET DATE: July 23,2019 Via Facsimile: 845-359-5115 Honorable Patrick J. Loftus Town Justice Town of Orangctown Justice Court 26 West Ornngeburg Road Orangeburg, New York 10962 Re: Pcogle v. Douglas Guido Downgraded Felony Charge CC: Ms. Veronica Phillips, Esq. Assistant District Attorney (Via. Fax. 845-638-5298) Hess Family PAGES 3 (including this cover page) SPECIAL INSTRUCTIONS: FOR RETURN FAX PLEASE USE 845-352w0481. 1i" groblemg ?lth clarity or transmission arise, Qlcosc ?45-352?020?. SEMFIDENTIAMIY GTE: The information contained in this facsimiic message is legally privileged and cnnii 95?] ?l 5 P0001 JUDGE: KEVIN T. CONWAY, ESQ. 65 Route 4 ?int up, ms: PH 201-52540? NO PM Oil SERVICE AGCEYWD I Inn-LA-m dentist information intended only for the use of the individual or entity named below. if the reader of this message is not the intention recipicnt, you are hereby noti?ed that any dissemination. distribution or copy of this tax is strictly prohibited. If you how: received this tax in error. pteosc immediately notify the sender at the telephone number provided and return the original message to us at the address above via: the United States Postal Servico. Thank you. .7379?" :1 no. ,i .-