DA: Attorney attacker could face a Felony charge

File photo of the Erie County Holding Center. (Via Wikipedia)
File photo of the Erie County Holding Center. (Via Wikipedia)

BUFFALO – The Cheektowaga man who attacked his defense attorney during a meeting inside the Erie County Holding Center Friday could face an additional Felony charge according to Erie County District Attorney John Flynn.

Mr. Flynn says Mark Dublino, 54, attacked his attorney Joseph Terranova inside an attorney conference room while the two were preparing for Mr. Dublino’s sentencing on March 12th.

“They were going over some paperwork, they were going over the pre-sentencing report for Monday’s sentencing, and then the alleged assault occurred.  What was said ahead of time or what set him off, at this time, we don’t know, but we’re looking into it,” said Mr. Flynn.

The assault occurred on an audio-less video feed that deputies monitor, but do not record due to attorney-client privilege.

“Thank God we had that because the deputies did a great job here of seeing what happened, getting in there right away, and breaking the fight up,” added Mr. Flynn.

The District Attorney’s Office has spoken to Mr. Terranova twice Friday. The assaulted lawyer will be pressing charges, and he informed the office that he was no longer Mr. Dublino’s attorney. 

Mr. Dublino is facing 75-years behind bars for a total of nine charges; two counts of Attempted Murder, four counts of Burglary, one count of Assult, and one count of Criminal Contempt.  A jury found him guilty of attacking his former girlfriend and her friend with a sledgehammer.  He then went to the former girlfriend’s father’s house and hit him with a shovel.

“His sentencing on Monday now will be postponed because a new attorney will have to be assigned and get up to speed on the case,” said Mr. Flynn.

Charges are pending in this incident.  Mr. Flynn said he is looking at a statute that makes an assault while in a correctional institution awaiting charges an automatic Felony.

“Whether or not the victim is seriously injured is a mute point.  That is the first I have ever heard of that statue, I just looked it up today, so I’m going to investigate that statue a little more thoroughly here to see if that is an appropriate charge.  On the face of it, it appears that if in fact Mr. Terranova is not that injured it still could be a Felony,” added Mr. Flynn.

The defendant could be charged with simple assault and arraigned this weekend with charges upgraded later.

The Erie County Sheriff’s Office and the District Attorney’s Office is investigating.