Bail set for Shirley man charged in stabbing dispute outside Adventureland ride

Bail was set Monday in the case of a Shirley man who was arraigned on charges that he stabbed a Florida man during a dispute outside the Adventureland amusement park's Mystery Mansion ride.

Daniel Tomasky, 42, was arraigned Monday, pleading not guilty to a series of charges, including assault with intent to cause serious injury, criminal possession of a weapon, and child endangerment. He faces  5 to 25 years of imprisonment if convicted.

Around 4:50 p.m. Sunday night, prosecutors said, a dispute erupted at the East Farmingdale amusement park. Tomasky allegedly wielded a folding knife, using it to stab James Burns, of Edgewater, Florida, in the abdomen. Burns, 47, was then transported to a hospital, where he required immediate surgery. He remains in critical condition.

Monday, Tomasky stood before Judge Johnathan R. Bloom wearing a yellow drape that exposed his chest and shorts. Tomasky's lawyer, Robert Macedonio, told Newsday that police had confiscated all of his belongings — including his clothing — at the time of his arrest. 

According to court documents, the two men knew each other, and four children were present during the altercation.

Prosecutors argued that, according to video footage they gathered, Tomasky tried to obstruct the investigation by dumping the assault weapon into a sewer after the fight. They also told the judge that Tomasky had six prior convictions and requested protection orders for the four minor witnesses, including Tomasky's child, and a $100,000 cash bond. 

Macedonio asked that Bloom set bail at $25,000 and asked that his client not be barred from seeing his 5-year-old son while out.

“My client maintains his innocence here … He has not had a felony in over a decade and has never failed to appear in court,” Macedonio told the court. 

Bloom ruled that it was “absolutely necessary” to set bail given Tomasky's prior convictions and the nature of the crime, but said he would not issue an order of protection in the case of the defendant's own child. He issued protection orders for the three other unnamed minors as well as for Burns.

Bloom said Tomasky is not to make contact, in-person or electronically, with those parties and must surrender all of his weapons. 

Tomasky's family declined to comment after the hearing. Macedonio told reporters that Tomasky intends to make bail. 

A spokesman for Adventureland, Mark Smith, said police had completed their investigation by 8:30 p.m. on Sunday. Afterward, the park operated normally, he said. “We are extremely disheartened that these two individuals brought their ongoing dispute into our park, threatening the safety and well-being of our guests and our staff,” said a statement from Smith.

He also said that while the park has “an outstanding record for park safety,” they are reviewing all policies and protocols both internally and with colleagues in the amusement park industry.

With Maureen Mullarkey