On March 27, 2023, 52-year-old Eric Cushman, formerly from Silver Springs, pleaded guilty to assault in the second degree, a class D violent felony, in Wyoming County Court before the Hon. Michael M. Mohun.
Due to Cushman’s violent criminal history he admitted to being a Persistent Violent Felony (PFVO). Based upon that designation, he will be sentenced to an indeterminate sentence of 12 years to life in prison. This means he will have to serve at least 12 years before seeing the parole board. Sentencing is scheduled for May 10, 2023.
Eric Cushman was arrested by the Wyoming County Sheriff’s Office following an incident and investigation on September 10, 2022. This case was prosecuted by Chelsie Hamilton. The defendant was represented by Joseph Terranova.
“It was a senseless intrusion into a person’s home in violation of an order of protection that had been served upon the defendant that very morning. It is clear that Mr. Cushman should not be among the general population as he just can’t stop committing violent crimes. Based upon his behavior in this case, the death of the victim and his voluminous criminal history the parole board should never let him out,” said District Attorney Donald O’Geen.
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Press release
Today, October 20, 2022, Eric Cushman, 51, of Silver Springs, New York, was arraigned on an
indictment in Wyoming County Court before the Hon. Michael M. Mohun. His
case was adjourned for argument of motions on December 22, 2022 at 11:00 a.m. He was remanded to jail without bail. It is alleged that if he is convicted of any violent crime in this case he will receive a life sentence as a persistent violent felony offender.
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 that night when it is alleged that Mr. 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 that dwelling. It is then alleged that Mr. Cushman entered into the bedroom and began assaulting one of the victims in the head and neck area causing severe swelling and disfigurement. The victim was taken to Wyoming County Community Hospital and was then transferred to Erie County Medical Center where he spent the next 30 days in the hospital until he passed away a few days ago.
An autopsy has been requested, the results are pending and the investigation is continuing.
Mr. Cushman is an alleged parole violator and therefore he is also being held on a parole detainer. His
underlying conviction for the parole violation is Assault in the Second Degree (a class D violent felony). He was sentenced to 7 years in state prison with 5 years of post-release supervision back in February 2016 in Wyoming County Court. He was released to parole on September 16, 2021, as that was his original conditional release date.
“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.