Ex-prosecutor who choked woman at bar while costumed as Clark Kent gets community service
A former Manhattan prosecutor has been sentenced to 10 days of community service and alcohol counseling concerning a 2014 incident in which he choked a woman at a Halloween party being held at a New York City bar, while costumed as Clark Kent.
Eli Cherkasky, 35, was convicted of assault, criminal obstruction of breathing and harassment but acquitted of menacing Sept. 25 after a bench trial in Manhattan Criminal Court.
The former assistant Manhattan district attorney apologized for his conduct at his sentencing and said: “I drank too much and exercised poor judgment. I engaged when I shouldn’t have engaged,” the New York Daily News reports. He said he has stopped drinking entirely and is already undergoing counseling.
“When working as a prosecutor, I stood here in this courthouse and heard many defendants say, ‘Judge, you will never see me in this court again,’” Cherkasky added. “For me, those are the saddest words of my life.”
An assistant district attorney from the Bronx prosecuted the case, to avoid a conflict of interest, and had sought a 60-day jail term, probation and mandatory treatment. Nicole Donatich contended that Cherkasky “regularly went out binge drinking” with friends and is an “angry drunk,” the Daily News reports.
Judge Ann Scherzer said Cherkasky has demonstrated an “alcohol abuse” problem. She also said she appreciated his “important contributions” as “a devoted and talented public servant.”
According to trial testimony, the choking incident was sparked when Cherkasky was looking for his coat at the bar and the victim of the choking incident, Kirsten Schuck, accused the then-prosecutor of grabbing her purse as he did so.
Attorney Paul Shechtman, who defended Cherkasky in the case, said Schuck punched his client and threw a beer in his face. A tearful Schuck denied hitting Cherkasky in her trial testimony and said she repeatedly asked him to leave her and her belongings alone, the Daily News reports.
Cherkasky plans to appeal his conviction, the New York Post says.
After the sentencing, the defendant’s father, Michael Cherkasky, a former top aide in the Manhattan District Attorney’s office, expressed unhappiness.
“I have always believed the criminal process works most of the time,” he told the Daily News. “We don’t think we got the correct result this time.”
Related coverage:
ABAJournal.com: “New York City prosecutor is accused of choking woman at a bar”
New York Times (reg. req.): “Woman Testifies That Manhattan Prosecutor Choked Her at Bar”
