On a December morning back in 2005, 45-year-old Peter Foster was in such an agitated state that upon encountering his mother he began "berating her, accusing her of being a man dressed as a woman," violently grabbed her, pulled down her pants and dragged her down two flights of stairs.
As Foster and his father fought, the mother called 911 and the parents were eventually able to lock themselves in their car until police arrived. When law enforcement intervened, Foster resisted arrest and injured an officer in the scuffle.
The Albany County Supreme Court convicted Foster of assault in the second and third degrees, sentenced him to 4 years in prison and imposed two years of post-release supervision.
While Foster argued "his mental state at the time of the incident precluded him from forming an intent to commit the crime," the Appellate Division, Third Department, found otherwise. The fact he recognized the officers as law enforcement and demanded a warrant demonstrated he "acted in such a way as to prevent them from performing their lawful duties," thereby satisfying third degree assault.
As to Foster's altercation with his mother, his conduct reinforced he was "aware of and consciously disregarded a substantial and unjustifiable risk that she would be injured."
Foster's argument no one suffered "physical injury" was proven false, since his mother "sustained an injury to her arm that caused her continuing and substantial pain," and the officer suffered a chipped tooth, which "was a constant source of pain and irritation until it was replaced a month later with a permanent fixture."
Peter certainly fostered that!
To download a copy of the Appellate Division's decision, please use this link: People v. Foster