Saratoga Springs

Saratoga County DA: Elliott’s lawyer mischaracterized motive for conditional dismissal

Saratoga County District Attorney Karen Heggen addresses members of the media at State Police Troop G headquarters in Latham on Nov. 1, 2019.
PHOTOGRAPHER:

Saratoga County District Attorney Karen Heggen addresses members of the media at State Police Troop G headquarters in Latham on Nov. 1, 2019.

SARATOGA SPRINGS — The Saratoga County District Attorney’s office considered Gabrielle Elliott’s clean record when it opted to dismiss after six months the charges against her in connection with a run-in outside the police station and courthouse back on Sept. 7.

Saratoga County District Attorney Karen Heggen’s comments Friday refuted Elliott’s attorney Jasper Mills’ on Thursday, when speaking to reporters outside of court Thursday. The defense lawyer for the 28-year-old from Ballston Spa had commended the DA’s office for recognizing the case as “a pile of garbage.”

Heggen said Mills mischaracterized why her office agreed to conditionally dismiss three misdemeanor charges the mother of a Black Lives Matter activist’s children faced for allegedly throwing a water bottle at authorities in September.

According to the DA, her office’s offer of an adjournment in contemplation of dismissal of three charges — attempted assault in the third degree, resisting arrest and endangering the welfare of a child — wasn’t offered because of problems with the validity or substance of the charges filed against Elliott, as Mills speculated.

“The ACOD was offered because she has no criminal history,” Heggen said, “and it is an offer we make to many defendants similarly situated.

“As with all cases that are adjourned in contemplation of dismissal, the cases regarding Ms. Elliott are technically still open in the Saratoga Springs City Court and will remain open until May 2022. The cases will be dismissed at the end of the six-month period of time if Ms. Elliott is not charged with any new crimes during that time period. If she does not remain arrest-free during that time period, the cases could be reopened and the charges placed back on the court calendar. If, as all parties anticipate, she remains arrest-free over the next six months, the cases will be dismissed in May,” Heggen said.

Elliott was arrested Sept. 7 outside of the police department while she and her two young children were checking on the wellbeing of the children’s father, Lexis Figuereo, a BLM organizer.

Elliott took exception to police forcibly removing her then-1-year-old daughter, who was in a stroller, and 6-year-old son during the encounter. Elliott also said she suffered bruising and contused ribs.

Contact reporter Brian Lee at [email protected] or 518-419-9766.

Categories: Saratoga County

1 Comments
William Marincic November 21, 2021
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Exactly as I said.