Case will proceed against man accused of attack on Holley police officer

David Simoni deemed competent to assist in his defense

ALBION – A Holley man who spent more than a year in a Rochester psychiatric facility has been deemed competent to aid in his own defense and the case against him will proceed, County Court Judge Sanford Church ruled today in court.

David Simoni, 34, was charged with attempted murder on June 15, 2021 after he allegedly lunged at a Holley police officer, attempting to stab him, when the officer was dispatched to the Holley waterfalls on Frisbee Terrace that evening.

Simoni has been transferred from the psychiatric facility to the Orleans County Jail where he remains on $50,000 cash bail and $100,000 bond.

Simoni was allegedly walking around that day with a knife antagonizing people, Robert Barton, Holley police chief, said a day after the incident.

Simoni also has been arraigned on menacing a police officer, reckless endangerment in the first degree, attempted assault with intent to cause physical injury with a weapon, menacing in the second degree, criminal obstruction of breathing, criminal possession of a weapon in the fourth degree, criminal mischief with intent to damage property, acting in an injurious manner to a child younger than 17, and resisting arrest.

District Attorney Joe Cardone said the case against Simoni will now proceed through the court process.

In other action in court today:

Joe A. Cortez, 40, of Batavia pleaded guilty to second-degree criminal contempt for violating an order of protection. He could face up to nine months in the county jail when he is sentenced.

Cortez also is facing a more serious charge of first-degree rape and third-degree rape in Genesee County for allegedly having forcible sexual intercourse with a juvenile victim under the age of 17.