LOCKPORT – After a successful counseling report Friday, Niagara County Judge Sara Sheldon Farkas allowed a North Tonawanda man who admitted assaulting his then-4-year-old son two years ago to plead guilty to a misdemeanor instead of a felony.
Farkas placed Daniel J. Barnes, 28, of North Avenue, on three years’ probation for third-degree assault. Barnes pleaded guilty in June 2013 to a felony, attempted second-degree assault, and was given a year to shape up or go to prison.
“It’s been two years that he’s been doing all the counseling required not only by this court but by Family Court,” defense attorney Robert Fiordaliso said.
“He’s done remarkably well, actually. I’m not accustomed to seeing such glowing reports in a case such as this,” Farkas said. Barnes, a father of three, dislocated the boy’s elbow Sept. 4, 2012. He is again living at home with his wife and three children.