East Bethany man faces charges in assault on deputy

Schmieder

GAINESVILLE — Assault and other charges have now been filed against an East Bethany man who punched a deputy in the head during a struggle on Route 19 last month, Wyoming County sheriff’s officials said.

David M. Schmieder, 26, of Silver Road was arrested upon his release from Erie County Medical Center on Oct. 1.

He was charged with second-degree assault, tampering with physical evidence, obstruction of governmental administration, resisting arrest and disorderly conduct. He also was charged with violating probation and was committed to Wyoming County Jail without bail.

The altercation came after deputies were called Sept. 23 for a report that a man was standing in the middle of Route 19, obstructing traffic and acting “irrationally,” deputies said.

Schmieder was yelling things such as he was “going to meet God.”

He refused deputies commands and struggled when they attempted to take him into custody. He allegedly punched one deputy in the head and causing a wound that required stitches.

Schmieder also allegedly had drugs in his mouth and refused to spit them out.

Schmieder was initially charged under mental health laws.

Schmieder had been released from jail on Sept. 3 after a violation of probation hearing in County Court. Schmieder was on probation for a 2018 drug dealing conviction.

He is accused of violating parole when he was arrested in Batavia on prostitution charges.

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