Off duty deputy charged for violating protection order, domestic violence

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EDEN, NY – Erie County District Attorney John J. Flynn announces that 40-year-old Robert M. Dee of Eden was arraigned this afternoon before Eden Town Justice Michael Cooper on one count of Criminal Contempt in the Second Degree (Class “A” misdemeanor).

The defendant is accused of knowingly violating an existing order of protection that prohibits him from having contact with the victim following a domestic violence-related arrest last month. The defendant, who is a deputy with the Erie County Sheriff’s Office, was off-duty at the time of both alleged incidents.

It is alleged that on Tuesday, January 4, 2022, at approximately 8:54 p.m., deputies responded to a home in the Town of Eden after receiving a 911 call. Upon further investigation, deputies allegedly found the female victim inside the defendant’s home in violation of the order of protection. The defendant was arrested and held at the Niagara County Jail pending his arraignment.

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It is further alleged that on December 9, 2021, at approximately 1:54 p.m., officers from the Eden Police Department responded to the defendant’s home for a domestic disturbance. The defendant is accused of subjecting the female victim to physical contact by hitting her and applying pressure to her neck, which resulted in bruises to her body.

Dee was arrested and arraigned that evening on one count of Criminal Obstruction of Breathing or Blood Circulation (Class “A” misdemeanor) and one count of Harassment in the Second Degree (violation). An order of protection was issued, which prohibited the defendant from having contact with the victim.

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Dee is scheduled to return on Tuesday, January 11, 2022 at 7:00 p.m. for further proceedings. Justice Cooper set bail at $25,000.

If convicted of all charges, Dee faces a maximum of one year in jail.  

The female victim has pending criminal charges in the Town of Eden. The defendant is a complainant in one of the pending cases. The Erie County District Attorney’s Office has recused itself from all cases against the female victim. A special prosecutor will be appointed.

DA Flynn commends the Eden Police Department and the Erie County Sheriff’s Office for their work in the investigations.

Both cases are being prosecuted by Assistant District Attorney Noha A. Elnakib of the Special Victims/Domestic Violence Bureau and Assistant District Attorney Anthony Perna of the Justice Courts.

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As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.