Lockport Union-Sun & Journal Online

July 11, 2013

Alfonso mulls plea deal

By John J. Hopkins
Lockport Union-Sun & Journal

WILSON — A city man accused of trying to kill a 7-year-old girl on New York's Eve will take the weekend to decide if he'll accept a plea deal.

If David L. Alfonso, 28, accepts, he would plead guilty to one count of attempted assault in the first degree and face a sentence of up to 15 years in prison.

Alfonso was charged with second-degree attempted murder, second-degree assault and second-degree strangulation after he allegedly attacked his girlfriend's 7-year-old daughter.

Alfonso was expected to decide his fate Thursday afternoon during an appearance before Niagara County Judge Sara Sheldon Farkas. However, attorney David Douglas said his client needed more time to discuss the plea with his family.

According to Douglas, Alfonso was hoping to work out a plea deal that would cap his sentence, but Niagara County prosecutors would not go along with a cap.

"We were thinking a cap of 10 years," said Douglas. "But the people said they'd oppose that."

Douglas said he's not sure what Alfonso will decide.

"I don't have an answer for that," said Douglas. "He wouldn't talk to anyone over the weekend, particularly his mother."

Farkas granted the "brief" adjournment. Alfonso returns to court Monday at 9 a.m.

Lockport police responded to a woman's frantic 911 call around 2 p.m. Dec. 31, 2012 that a man was "killing my baby" at 79 Monroe Street.

Police responded to Lock and Monroe streets and found Alfonso covered in blood at the intersection. They had to use a Taser electronic stun gun to subdue him.

According to police, Alfonso had choked the girl until she blacked out, then tried to rip off the girl's jaw and rip out her teeth and tongue. Police said the mother apparently stabbed Alfonso in an attempt to stop the assault, but that it had no effect. The victim's mother was not charged.

The girl fled the scene and ran to her grandmother's house, a few blocks away.

Assault in the first degree is a Class B felony, punishable by up to 25 years in jail. However, in New York state, an attempted assault usually drops the degree of severity by one level, so Alfonso is facing a Class C felony.

If Alfonso rejects the plea deal, he'll go to trail July 29.