On October 20, 2022, Eric Cushman, 51, of Silver Springs, NY, was arraigned on an indictment in Wyoming County Court before the Hon. Michael M. Mohun. Cushman is now accused of attempted murder 2nd degree, a class B felony, in a home invasion that occurred on September 10, 2022.
A victim who suffered serious injuries in the home invasion passed away earlier this month after succumbing to his injuries.
Cushman is also accused of burglary 1st degree, a class B felony, assault 1st degree, a class B felony, assault 2nd degree, a class D felony, and criminal contempt 2nd degree, a class A misdemeanor.
The charges stem from an alleged home invasion in the Village of Silver Springs on the night of September 10, 2022. The victims were home when it is alleged that Cushman entered the home through a window, while in violation of a duly served order of protection, with the intent to commit a crime inside the dwelling. It is alleged that Cushman entered the bedroom and started to assault one of the victims, striking them in the head and neck area causing severe swelling and disfigurement.
The victim suffered serious injuries during the incident and was transported to ECMC where he spent the last 30 days in the hospital until he passed away October 10, 2022. An autopsy has been requested, the results are pending, and the investigation is continuing.
Cushman is an alleged parole violator and therefore is also being held on a parole detainer. His underlying conviction for the parole violation is assault 2nd degree, a class D violent felony. He was sentenced to 7 years in state prison with 5 years of post-release supervision in February 2016 in Wyoming County Court. He was released to parole on September 16, 2021 as that was his original conditional release date.
Cushman’s case was adjourned for argument of motions on December 22, 2022 at 11:00 a.m. He was remanded to jail without bail. If he is convicted of any violent crime in this case, he faces a life sentence as a persistent violent felony offender.
“This was a senseless assault that caused the victim in this case to ultimately lose his life. Our condolences go out to his family. This case underscores the lethality of domestic violence as we recognize October as Domestic Violence Awareness Month. Even though an order of protection had been issued the morning of the assault for one of the victims in this case it did not stop Mr. Cushman from allegedly entering the home and brutally assaulting the victim. This case remains under investigation and depending on the receipt of further information additional charges could be forthcoming,” said District Attorney Donald O’Geen