Here's an update in a case that New York criminal defense attorneys will likely be following.
A 33-year old woman was charged with attempted murder, assault, reckless endangerment and endangering the welfare of a child after an alleged suicide attempt.
The woman, Devi Silvia Dominic of Upper West Side, was strolling with her eighteen month old daughter on the pier at West 70th Street when she apparently threw herself into the water, after throwing her daughter, Jessica Catherine Prithiviraj, into the water.
The child was carried in the waters but soon rescued by emergency teams near 59th Street.
Devi Silvia Dominic apparently had a fight with her husband, Amirtharig Prithiviraj, 34, prior to the alleged attempted suicide.
As sources claim, Devi Silvia Dominic was apparently extremely depressed. She had made threats earlier that day to take the child and move back to India. Her relatives claim that she was deeply depressed over marital issues, namely, that her husband worked long hours at Oracle and frequently visited his sick mother, often leaving his wife behind.
Devi Silvia Dominic was taken for psychiatric evaluation. While the insanity defense may be a potential defense for her New York criminal defense attorney to use, it's not as easy as pleading insanity.
Under New York law, New York criminal defense attorneys use the insanity defense if they can prove that the defendant can prove by a preponderance of the evidence that at the time of her/his conduct, ''[s]he lacked substantial capacity to know or appreciate either (1) the nature and consequences of such conduct, or (2) that such conduct was wrong.'' Please note the word "or" in this clause. In New York, the defendant only needs to have one of the elements.
It's unlikely that New York criminal defense lawyers will be able to use this defense for Devi Silvia Dominic. Given current information, she seemed fully capable of understanding the implications of her act.
The child abuse and child endangerment allegations are somewhat more worrisome for her New York criminal defense lawyers, I would imagine. The emergency crews pulled a toddler from the cold waters and at the time, the child was barely breathing.
This case is no easy one and as the trial progresses, New York criminal defense attorneys will likely be following it closely.
Related Resources
- Woman, Toddler, Rescued from Hudson River in Apparent Murder-Suicide (FindLaw's New York Criminal Law Blog)
- Mom Sentenced to Murder in Child Neglect, Murder Case (FindLaw's New York Criminal Law Blog)
- Find a New York Criminal Defense Attorney (FindLaw)
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