Utica Common Council Member 26-year-old Delvin J. Moody was officially arrested and charged on Monday following an alleged domestic violence incident that was reported over the weekend.

Utica Police charged the 5th Ward Councilman with Assault in the 3rd Degree following an arraignment at about 10:00 a.m. on Monday, after he turned himself in.

According to police, the accusation was made early Sunday morning by his partner who said Moody threw a speaker at her and then punched her. Moody and the complainant have a child in common and it is not known if their child was present at the time of the incident. Moody's attorney, Frank Policelli, speaking with WIBX on Tuesday, initially said that the woman was treated for her injuries at a local hospital complaining of blurred vision,  but later recanted that statement saying that he did not know if she was treated at the hospital.

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Police told WIBX that when they arrived at the scene on Sunday at around 1:00 a.m., the victim had noticeable injuries and Moody was not at the residence at that time. It was reported on Sunday afternoon that Moody would be turning himself in on Monday.

On Sunday evening, Moody had a text message exchange with WIBX where he said he would not be speaking on Monday, after all. "I'll be speaking soon. Me and my partner.

Defense Attorney Frank Policelli discusses Kaitlyn Conley verdict with WIBX's Bill Keeler. Tuesday, November 7, 2017. (Photo by Andrew Derminio / WIBX)
(Photo by Andrew Derminio / WIBX)

Just not tomorrow. I will say that the accusations are false and where [sic] said as retaliation and out of angering from a very personal matter," Moody said in the text exchange. "She is still by my side and hopes that this matter will be dropped as she did not expect it to turn into this," he continued.

Policelli says there has not been any discovery yet in the case and the victim did provide a sworn complaint, however, he says that he has not yet seen any proof of the incident as described.

Policelli says that the intent to cause injury must be proven beyond a reasonable doubt when a person is officially charged with Assault in the 3rd Degree. He added it will be important to determine the circumstances surrounding the dispute before people form any conclusions, referencing the fact at one point that it could have been self-defense. "We don't know yet," he said.

Policelli stressed that he's at the very beginning stages of representing Moody in this case and it's too early to determine how he'll specifically proceed.

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