Embattled Bumpy’s owner charged with assault after allegedly attacking private investigator

PETER R. BARBER/STAFF PHOTOGRAPHERA Schenectady police car is parked in front of David Elmendorf’s house at 255 Marshall Avenue after he assaulted a private investigator Friday, October 9, 2020.

PETER R. BARBER/STAFF PHOTOGRAPHER

A Schenectady police car is parked in front of David Elmendorf’s house at 255 Marshall Avenue after he assaulted a private investigator Friday, October 9, 2020.

Categories: News, Schenectady County

SCHENECTADY — The owner of an embattled Schenectady ice cream parlor has been arrested for allegedly attacking a state-licensed private investigator and stabbing him in the neck with a pen.

According to the PI, Ronald S. Hilton, the following happened:

Hilton arrived at David Elmendorf’s home on Marshall Avenue on Friday to serve legal papers.

First, Elmendorf denied his identity. Then he attacked.

“He went ballistic,” Hilton said. “He jumped me and said he was going to stab me with something in the back of my neck.”

Elmendorf, owner of the now-closed Bumpy’s Polar Freeze, stabbed Hilton several times with a pen, drawing blood with several puncture wounds.

“He had a hold of me and I had to pin him up against the wall because he was pinching me and beating on me,” Hilton said. “I eventually had to grab a hold of his scrotum and squeeze it as hard as I could so he could let go of me.”

Hilton also incurred a bloody lip and bruises on his neck. Elmendorf also broke his glasses.

“He wanted to inflict some serious pain,” Hilton said.

Elmendoff was arrested and charged with second-degree assault, a class D felony, police said.

“At the same time we made the arrest, he was served with four active warrants he had,” said Lt. Ryan Macherone of the Schenectady Police Department.

The arrest warrant was for second-degree harassment, police said, while the bench warrants were for second-degree obstruction of governmental administration and second-degree harassment; second-degree menacing and a violation of public health laws.

Hilton praised the city police’s response.

“They were very thorough and very professional,” Hilton said.

Hilton, self-employed owner of Hilton Investigations, declined to disclose the specific papers he was serving.

Elmendorf’s attorney, James Mermigis, didn’t respond immediately for comment on Friday.

The altercation is sure to add to Elmendorf’s legal troubles, which are tied to both the ongoing coronavirus pandemic and racial crises swirling around the U.S.

Bumpy’s Polar Freeze became a focal point of protests by Black Lives Matter activists this summer after Elmendorf allegedly posted racist messages on social media.

Amid sustained demonstrations, Elmendorf was arrested after allegedly pointing a pellet gun at protesters outside of his business on June 30.

He was charged with two counts of second-degree menacing, a misdemeanor, and pleaded not guilty.

Schenectady County Attorney Chris Gardner later asked the state Attorney General’s Office to investigate Elmendorf for possible civil rights violations.

Amid the controversy, Elmendorf, who denied allegations of racism, was openly defying a shutdown order by the county Health Department after he refused to fix a faulty kitchen appliance, which resulted in his arrest on a charge of obstructing government administration.

A county Health Department investigation later concluded Bumpy’s hadn’t complied with state orders intended to address the COVID-19 pandemic and ordered a $10,000 fine.

Mermigis previously said the investigation was an attempt by the county to destroy his client’s business.

“The entire procedure is the equivalent of a kangaroo court,” Mermigis said in August. “The entire process or lack thereof was patently unfair and the odds were stacked against my client. We will certainly appeal this ridiculous and punitive fine.”

The status of that appeal is unclear.

Gardner didn’t respond for comment on Friday.

Elmendorf was remanded to the custody of the county jail, where he remained as of 9 p.m., according to the county Sheriff’s Office.

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