Skip to main content

crime

Le Roy woman who stole from daycare center gets five years probation, 60 days in jail

By Howard B. Owens

A 48-year-old Le Roy resident who stole $6,172 from her employer will spend five years on probation and serve 60 days in jail on an intermittent basis.

Doris M. Castle, of 8325 Vallance Road, was employed by the YWCA in a daycare program. She expressed remorse for her theft in a letter she wrote to her former boss and read in Genesee County Court this morning.

"Words canot begin to convey how truly sorry I am," Castle said. "I loved my job. I loved the kids. You're the best boss I've ever had and you were my friend. I never planned to steal anything, but I was so desperate for money and every time I thought I could put the money back, something else would happen and I would end up  needing more.

"...I know I made restitution, but I know I can't repair what you think of me or what you might think of other employees in the future and whether you can really trust them. As for the children, I know I let them down. Everything I tried to teach them about being a good citizen, I ruined by my actions."

Her supervisor, Patricia McAllister, read a statement emphasizing the trust Castle broke by stealing money and the strain it put on the YWCA to meet its financial obligations.

"She was trusted to provide the children with security, guidance and a role model they can look up to," McAllister said. "I question that role model at this time. I think it was one of the 7-year-old boys who came to me one day and said, 'I don't get it. I don't get it. What was Dory thinking. It wasn't her money.' I had no response whatsoever."

Judge Robert C. Noonan said he believed Castle was sincerely contrite, but added that maintaining public trust in the judicial system was important in embezzlement cases.

"When the public sees somebody who stole a candy bar, or more commonly a DVD or CD, from Walmart going to jail on a petit larceny charge for something that is less than $25 in value, and then they see somebody facing a much more serious charge in a case involving a lot more money getting a community-based sentence, the public has trouble figuring that out," Noonan said.

Noonan went on to explain that the main difference in the cases are the individuals involved. With the typical shoplifting case, the defendant is somebody in-and-out of the legal system, while most embezzlement cases, such as this one, involve somebody who has never been in trouble before.

"I don't fear somebody like you, especially with five years probation, will return to the criminal justice system," Noonan said, "but I do feel there is an importance to protect the credibility of the criminal justice system."

For that reason, Noonan said, he was imposing the maximum sentence available under what he characterized as a favorable plea agreement negotiated by Castle's attorney, William Harper.

Already in federal prison, Le Roy man pleads guilty in fraud case in absentia, case discharged

By Howard B. Owens

A former Le Roy resident who was first involved with a meth lab and later found in possession of forged currency had his forgery case resolved in Genesee County Court today in an unusual manner.

Because Christopher J. Elmore is already in Georgia serving a 10-year federal sentence on the meth lab charges, Elmore was allowed to plead guilty by affidavit to criminal possession of a forged instrument, 3rd, a Class A misdemeanor.

Without Elmore in the court -- and because of the expense of bringing Elmore back to Genesee County for both a plea and sentencing -- Judge Robert C. Noonan, in accordance with the plea agreement, granted an unconditional discharge of the case.

Teen accused of giving pills to minors at Farrall Park

By Howard B. Owens

UPDATED 11:20 p.m.

A Batavia High School student has been arrested, accused of giving an unknown type of pill to minors at Farrall Park on May 28, reportedly making the minors ill.

Charged with two counts of endangering the welfare of a child is Ryan F. DiMartino, 16, of 8821 Rollin Circle, Batavia.

DiMartino was arrested by Batavia PD Officer James DeFreze, who said in a news release that DiMartino was arrested following a  "lengthy investigation."

While police can't release the age of the alleged victims, DeFreze said in an interview that the minors were younger than DiMartino.

Though the alleged victims became ill, they did not require medical treatment, DeFreze said.

Following arraignment in Batavia City Court, DiMartino was released and scheduled to reappear on July 12.

Police Beat: Elba man charged with setting off illegal fireworks

By Howard B. Owens

Derek Todd Hanchett, 21, of Arnold Road, Elba, is charged with unlawful dealing with fireworks. Hanchett was charged following an investigation by Deputy Jason Saile about a complaint of loud fireworks at 1:33 a.m., Monday, in the area of 4238 West Ave., Elba. Hanchett was allegedly found setting off fireworks and in possession of fireworks.

Edward Woods, 18, of Vine Street, Batavia, is charged with petit larceny. Woods is accused of stealing money from Darien Lake Theme Park while employed at the park.

Nicole Lynn Poler, 26, of Zig Zag Road, Albion, is charged with DWI, driving with a BAC of .08 or more and driving left of pavement markings. Poler was reportedly involved in a one-car accident in the area of 23 Allegany Road, Corfu, at 2:25 a.m. Saturday. The accident was investigated by Deputy Howard Carlson (initial report).

Benjamin Jeffery Kitanik, 26, of Maltby Road, Oakfield, is charged with unlawful possession of marijuana and driver's view obstructed. Kitanik was stopped at 2:25 a.m. Sunday on Route 77 in Darien, by Deputy Patrick Reeves.

Cody Lee Pahuta, 19, of Williams Street, Batavia, is charged with petit larceny. Pahuta is accused of shoplifting $22.88 in merchandise from Walmart.

Braydon Mitchell Edwards, 20, of Waterloo Street, Clyde, is charged with unlawful possession of alcohol under 21 years of age. Edwards was charged following an investigation into a disturbance at 5:53 p.m. Sunday at Darien Lake Theme Park.

Patrick Gregory Potwora, 26, of Horseshoe Lake Road, Stafford, is charged with a felony count of DWI, felony driving with a BAC of .08 or greater and failure to keep right. Potwora was stopped at  1:52 a.m. Monday, in the area of 20 W. Main St., Batavia, by Deputy Patrick Reeves.

Chad Michael Henning, 18, of Main Street, Akron, is charged with unlawful possession of alcohol by a person under age 21. Henning was charged following a traffic stop at 12:38 a.m. Saturday by Deputy Jason Saile on Route 77, Darien. Henning was a passenger in the car and allegedly had a container of alcohol in his hands.

Sheriff's Office warns about 'HSBC phone scam' hitting Genesee County

By Howard B. Owens

The Sheriff's Office is warning area residents of a phone scam that has been hitting Genesee County and other parts of Western New York.

In this particular scam, a person receives a call on his or her mobile phone with a recorded message indicating that the person's HSBC account has been frozen. The message prompts the person to press a number to unlock the account.

"Residents are warned that is is a scam and they should hang up immediately and not respond to the recorded message," the Sheriff's Office release states.

The Sheriff's Office advises any HSBC customer concerned about their account to contact HSBC.

In general, readers should be wary of any unsolicited call prompting disclosure of personal or identifying information.

The FTC has a page on various types of phone fraud scams and how to guard against them.

Murder victim in Buffalo may be from Batavia

By Howard B. Owens

A homicide in Buffalo early Friday may have a Genesee County connection.

The Buffalo News reports that Joseph Hale, 35, was shot in the back while in the area of  St. Paul Mall and Ellicott Street. He later died at ECMC.

A reader informs us that Hale was a former Batavia High School student. A public record check shows that a Joseph Hale, 35, has lived in Buffalo, Batavia and Corfu.

From the Buffalo News:

"Homicide detectives are attempting to trace the victim's whereabouts before the shooting incident occurred," said Dennis J. Richards, chief of detectives. "Mr. Hale was seen in the Allentown area earlier in the morning and prior to the shooting."

This is the city's 21st homicide of 2011.

Police Beat: Suspected shoplifter allegedly found with syringes

By Howard B. Owens

Joshua Stanley Martaus, 27, of Overlook Drive, Batavia, is charged with possession of a hypodermic instrument and petit larceny. Martaus was arrested for allegedly shoplifting at Walmart. During the investigation by Deputy Kevin McCarthy, he was allegedly found in possession of two hypodermic syringes.

Tyler Scott Brand, 19, of Pearl Street, Springville, is charged with DWI, driving with a BAC of .08 or greater, speeding and operating in violation of a conditional-use license. Brand was stopped for allegedly going 49 in a 39 mph zone at 10:13 p.m., Saturday on Route 77 in Darien by Deputy Ron Meides.

Thomas R. Hendershott, 41, Sunrise Parkway, Oakfield, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right and operating without insurance. Hendershott was stopped at 10:46 p.m. Tuesday on Stevens Street, Oakfield, by Sgt. Greg Walker.

Two Jackson Street residents accused of selling cocaine, marijuana and gun in Batavia

By Howard B. Owens

A pair of Jackson Street residents are accused of selling drugs and a sawed-off shotgun during the course of a month-long investigation by the Local Drug Enforcement Task Force.

The duo was arrested Tuesday following a traffic stop by task force members on Federal Drive, Batavia.

Taken into custody were Marcos A. Torres, 29, and Marissa B. Royse, 20.

Torres and Royse are accused of selling cocaine and marijuana along with a 20-gauge shotgun that had been cut down to make it easier to conceal.

When they were arrested, they were allegedly found in possession of cocaine, marijuana and a 9mm rifle.

Both were charged with criminal sale of a firearm, 3rd, criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana.

Torres and Royse were arraigned in Batavia City Court on some of the charges and ordered held without bail and then arraigned in town court on the remaining charges with bail set at $5,000.

Inmate accused of hiding drugs in digestive system, dealing in the jail

By Howard B. Owens

A Covington man previously arrested for impersonating federal law enforcement agents is now accused of dealing drugs inside the Genesee County Jail.

Local Drug Enforcement Task Force members served Nikko C. Gambino, 42, of Morrow Road, Covington, with a search warrant when he recently showed up at the jail to serve part of his eight-week intermittent sentence.

Gambino was transported to UMMC "in order to execute the search warrant," according to a Sheriff's Office press release.

According to the press release, Gambino had alprazolam and suboxone in his digestive system. When Gambino reportedly passed the substances, he allegedly grabbed a quantity of alprazolam and suboxone and placed it inside his mouth in an attempt to further hide or destroy evidence.

Gambino was charged with two counts of criminal possession of a controlled substance, 5th, one count of promoting prison contraband, 1st, tampering with physical evidence and possession of a controlled substance not in its original container.

Following arraignment of Town of Batavia Court, Gambino was returned to Genesee County Jail without bail.

Four suspected drug dealers nabbed in two-county, two-month investigation

By Howard B. Owens

Three suspected drug dealers were taken into custody in Byron on Wednesday after at least one of them was allegedly involved in a drug transaction with an undercover agent.

The undercover operation in Byron was the culmination of a two-month long investigation by the Genesee County Local Drug Enforcement Task Force and the Orleans County Major Felony Crime Task Force.

Arrested were Richard L. Conte, 19, of 723 S. Main St., Medina, Reynoldo Melendez Jr., 23, of 75 Arnett Blvd., Rochester, and Louis Staples, 17, of 75 Arnett Blvd., Rochester.

All three were transported to the Genesee County Jail and held on $50,000 bail each.

Following those three arrests, a fourth suspect was arrested in Clarendon. 

Investigators executed a search warrant at 4955 Holley-Byron Road, Clarendon, where Kristina A. Brongo, 19, a resident of that address, was taken into custody.

The four alleged dealers are suspected of illegally selling mostly prescription drugs in both Orleans and Genesee counties.

Task force members seized a quantity of drugs, including oxymorphone, also known as opanas, oxycontin and morphine with a street value in excess of $3,000.

Also seized was a quantity of marijuana along with $1,000 in cash, scales, packaging and other drug paraphernalia.

Besides the four suspected drug dealers arrested, two teenage girls, whose names were not released, were apprehended during the investigation and cited for alleged unlawful possession of marijuana.

Conte, Melendez and Staples were all charged with one count each of criminal sale of a controlled substance, 3rd, criminal possession of a controlled substance, 3rd, and criminal possession of a controlled substance, 4th.

Brongo was charged with criminal possession of a controlled substance, 3rd, and criminal sale of marijuana.

Photos: Conti, top, Melendez and Staples.

Batavia counterfeiter will serve from three to six years in prison

By Howard B. Owens

A 28-year-old Batavia man who has set up computers and printers to help him print forge U.S. Currency will spend from three to six years in state prison.

Lendle R. Tucker was arrested in January and caught by members of the Local Drug Enforcement Task Force with equipment he used to forge money and $940 in fake money.

Tucker, initially charged with 42 counts of criminal possession of a forged instrument, entered a guilty plea in April to possession of a forged instrument, 2nd.

The admitted counterfeiter has been in this type of trouble before. He was convicted of a misdemeanor in Batavia previously and has convictions in Erie County and other states. Tucker has spent the past year in an Erie County jail.

Public Defender Jerry Ader sought leniency in Tucker's sentence, but District Attorney Lawrence Friedman argued that Tucker should receive the maximum sentence available under the plea deal.

Judge Robert Noonan took a dim view of Tucker's criminal record.

"You certainly have a terrible criminal record," Noonan said. "I think you should be counting your lucky stars for getting any plea reduction at all."

Tucker's wife doubled over in tears as the felon was escorted from the courtroom. 

This post based on the reporting of The Batavian's news partner, WBTA.

Grand Jury Report: Man accused of running another car off the road

By Howard B. Owens

William E. Gratehouse III, is indicted on charges of criminal mischief, 2nd, reckless endangerment, 2nd, menacing, 2nd, unlawful imprisonment and endangering the welfare of a child. Gratehouse is accused of intentionally striking a 1998 Dodge Intrepid owned by another person on March 17. Gratehouse allegedly forced the car off the road after striking it. He also allegedly brandished a semiautomatic pistol during the incident and prevented the alleged victim from leaving the area. There allegedly were children in the car at the time.

John R. Sherman is indicted on charges of felony DWI, aggravated driving with a BAC of .18 or greater and driving with a BAC of .08. Sherman is accused of driving drunk Jan. 7 on Route 5 in Stafford.

Kevin C. Heschke is indicated on charges of felony DWI and driving with a BAC of .08 or greater. Heschke is accused of driving drunk April 7 on Church Street, Le Roy.

Ricky L. Miller is indicted on a charge of burglary, 2nd. Miller is accused of entering a residence on Jackson Street, Batavia, on June 7, with the intent to commit a crime.

Dana D. Hagen is indicted on charges of felony DWI and aggravated driving with a BAC of .18 or greater. Hagan is accused of driving drunk Jan. 12 on Fotch Road, Stafford.

No Bill: The grand jury found insufficient evidence to charge Thomas B. Streamer with assault, 2nd, and assault, 3rd, stemming from an alleged incident in the Town of Le Roy on Jan. 23.

City PD announces five arrests at DWI check point

By Howard B. Owens

The night of Tim McGraw concert at Darien Lake, the Batavia PD set up a sobriety check point on Pearl Street and made five arrests.

All five arrested had attended the concert, according to Chief Randy Baker.

Charged were:

  • Matthew Perry, 18, of Batavia, charged with DWI;
  • Geoffrey Howe, 28, of Auburn, charged with DWI, driving with a BAC of .18 or greater and aggravated unlicensed operation;
  • Matthew Malloy, 22, of Batavia, charged with DWI;
  • Christopher Vandusen, 38, of Kendall, charged with DWI;
  • Thomas Boughner, 28, of Spencerport, charged with DWI and open alcohol beverage container in a motor vehicle.

The traffic detail was supported through the Genesee County Stop DWI program.

Baker said the city PD will use check points and DWI patrols on holidays and throughout the summer to help combat drinking and driving.

Police Beat: Crowbar allegedly used in assault in Le Roy

By Howard B. Owens

Dennis Dale Holcomb, 44, of West Bergen Road, Le Roy, is charged with assault, 2nd, and criminal possession of a weapon, 3rd. Holcomb is accused of striking another person on the back of the head with a crowbar. Following arraignment in Le Roy Town Court, Holcomb was committed to the Genesee County Jail without bail.

Christopher C. Say, 20, of 41 Maple St., Batavia, is charged with criminal obstruction of breathing or blood circulation and endangering the welfare of a child. Say is accused of choking a woman during a domestic dispute in front of her children at 9 p.m., Tuesday.

Donald Joseph Pursel, 42, of Upton Place, Rochester, was arrested on a warrant out of Genesee County Court. Pursel is accused of failing to pay a fine. He was arrested by Rochester PD and turned over to the Sheriff's Office. (NOTE: Pursel appeared in court yesterday and after the ADA and his attorney reached an agreement regarding his release, Judge Robert Noonan signed an order authorizing his release.  What was notable is that Pursel's case goes back to a time when Noonan was the District Attorney, so he had to recuse himself from any further proceedings in Pursel's case. Another judge will need to hear the matter.)

Michael William Hall, 24, of Havenwood Drive, Brockport, is charged with DWI, aggravated driving with a BAC .18 or greater and parked on the roadway. Hall was allegedly found sleeping in his car at 12:59 a.m., Tuesday, by Deputy John Weis while it was parked in the westbound lane of Sackett Road, Town of Bergen.

Cassondra Niccole Majors, 18, of Myrtle Street, Le Roy, is charged with possession of alcohol under age 21. Majors was arrested at 11:47 p.m., Monday, in Burnnell Park on Summit Street, Le Roy.

William Gary Strait, 27, of 2803 Retsof Road, Retsof, is charged with DWI and aggravated driving with a BAC of .18 or greater. Strait was stopped at 2:43 a.m., Sunday, by Officer Fox, Le Roy PD, on Main Street in the Village of Le Roy.

Batavia mother who lost baby to killer faces shoplifting charge

By Howard B. Owens

The mother of Baby Andrew, killed by Melissa Engelhardt  in November 2009, was arrested Tuesday, accused of stealing baby items from Walmart.

Kristen Anne Cianfrini, 26, of Tracy Avenue, Batavia, was charged with petit larceny.

Cianfrini gave birth to another baby several months after Andrew's death.

Engelhardt was Andrew's stepmother and living in Elimira with Andrew's father when she slipped methanol in a sippy cup and gave it to Andrew and then did nothing as Andrew became ill and eventually succumbed to the poison.

When Engelhardt was convicted of manslaughter rather than murder in a non-jury trial, the community rallied around Cianfrini demanding justice for Baby Andrew. 

Chemung County Judge Peter C. Buckley sentenced Engelhardt, who had a history of substance abuse, to 20 years in prison.

Previously:

Dhanda: 'Alcoholism has destroyed my once promising life'

By Howard B. Owens

The name Sath Paul Dhanda is a familiar one to area residents who read crime blotters in local media.

He's been arrested numerous times, most recently in April for going to his mother's home in Bethany in violation of a court order.

His mother, his attorney and even Judge Robert C. Noonan want to see Dhanda turn his life around, but all acknowledge, whatever future Dhanda has, it is in his own hands.

"Alcoholism has destroyed my once promising life," said the 31-year-old Dhanda during his court appearance today. "Twelve years ago, I had every opportunity to do whatever I wanted. I had the money. I had the family. I had the support. I could have done whatever I wanted with my life."

Before sending Dhanda to prison for one-and-a-quarter to three-and-a-half years for his conviction on criminal contempt in the first degree, Noonan said he's never dealt with a defendant who has the level of Dhanda's addiction to alcohol.

"The type of person you are today, if you went away to prison for two years, the day you got out you would be drunk," Noonan said. "You have that much lack of control."

William Harper, Dhanda's attorney, acknowledged that his client has a drinking problem and said that all of Dhanda's legal problems stem from drinking.

But, Harper noted, throughout all of his ins and outs with the legal system, the system has never adequately dealt with Dhanda's underlying mental health issues.

In 2006, Dhanda, who has a broad scare that wraps around the front of his skull, suffered a serious head injury.

"I question whether what Sath does he does entirely voluntarily," Harper said. "Does he volitionally engage in the behavior that gets him into trouble? I would submit that it's difficult to determine."

Dhanda's mother, during the victim's statement portion of the sentencing hearing, described a series of treatment programs that have been "temporary fixes."

They've sometimes given her hope, but haven't really helped Sath.

She said he needs long-term treatment and he needs to get away from Batavia.

"A GCASA counselor told me to concentrate on my other two sons because there is no hope for Sath," she said.

She described her son as smart, articulate and with a talent for golf and cooking, but when he drinks "he becomes a monster."

She said she and his bothers want to look forward to a day when "people aren't looking for his name in the police blotter."

"Yes, I am a victim, and will continue to have sleepless nights and see him as he is now, but I also have pleasant memories," she said. "I recall his last Mother's Day message that he wrote, 'you have a very tough job. Yes, I mean me.'"

Dhanda said he takes full responsibility for every violation and the most recent criminal contempt charge, even if he doesn't remember what happened.

"Nobody made me go to my mother's house and nobody poured alcohol down my throat," Dhanda said.

"I've hurt loved ones and I love them so much I can't believe I do these things when I drink," he added. "Nobody wants to overcome these problems more than me. I want everybody in the community to know that I'm not the kind of person who just runs around looking for the latest buzz. Things happen and I don't know why sometimes."

Just a year ago, Dhanda said local golf pros told him he still had the talent to turn pro and that he knows his life still has potential, even if he's blown many opportunities and burned many bridges.

"I still have the desire and the drive and determination," Dhanda said. "I know I have inside of me the drive for success, and not just careerwise, but in every aspect of my life. I know I can win back the love of my family and the respect of the community."

Vine Street resident who got mixed up in drugs given four-year prison term

By Howard B. Owens

A former Vine Street resident who once seemed to get his life straightened out but then found himself involved with drugs again was told by Judge Robert Noonan today that he will spend four years in state prison.

William J. Butler, 41, of Batavia, previously entered a guilty plea to attempted criminal possession of a controlled substance.

More than half an ounce of crack cocaine was found on Butler when he was arrested by members of the Local Drug Enforcement Task Force on Aug. 26, 2010. Because of the quantity of drugs involved, the implication of the charge is that Butler was dealing drugs.

Butler acknowledged that he blew his second chance after successfully completing parole on a previous conviction.

"In a time of hardship I made a crucial mistake and I'm resentful that I made it," Butler said. "When I saw my daughter, I apologized to her that let her down and I let down the community I live in. It's one of the worst mistakes I've made in my life, especially considering what I learned. There isn't a day that goes by that I don't resent that."

Related: Batavia woman accused of letting drug dealers operate from her home.

Elba highway department uses creativity to turn swastika into meaningless pattern

By Howard B. Owens

Sometime within the past three or four days, somebody painted two swastikas on the asphalt in the area of Pekin Road and Batavia Elba Townline Road.

One of them, pictured above, on Pekin Road, was creatively obliterated by the Town of Elba Highway Department, which turned the swastika into meaningless geometrical shapes.

The other swastika is on a county road and highway Superintendent Tim Hens, who wasn't aware of the vandalism when we spoke late this afternoon, said his crews might need to get equally creative.

The Sheriff's Office has taken a report on the incident and Deputy Chris Parker is conducting interviews with residents in the area, but Chief Gordon Dibble said, "at this point, their purpose is known."

Dibble said unless there's a witness, this sort of crime can be difficult to solve.

Anybody with information can contact the Sheriff's Office at 585-343-5000.

Le Roy man charged with arson, accused of setting father's house on fire

By Howard B. Owens

A Le Roy man, who was himself badly burned in a fire June 13 at 3 Orchard Drive in the Village of Le Roy, was arrested on a charge of arson, 2nd, today.

Paul F. Atkinson, 42, was released from Strong Memorial Hospital and immediately arraigned in Town of Le Roy Court. He was sent to the Genesee County Jail on $50,000 bail.

Atkinson suffered 1st, 2nd and 3rd degree burns on several parts of his body and has been hospitalized since the fire.

The residence is owned by his father and Atkinson reportedly told police he started the fire following a dispute with his dad.

Several hours before the fire, Atkinson appears to have left a status update on his Facebook page that reads, "everyone can go to hell, tired of this life."

His Facebook profile has apparently since been deleted.

Le Roy Police accuse Atkinson of intentionally setting the fire "while knowing or should have known that two persons were sleeping inside the residence."

Atkinson's sister had to be helped down from a second-floor deck by a Le Roy Police officer and her husband reportedly jumped from a second-floor window, injuring his ankle.

BREAKING: Harassment charge against Chris Charvella dismissed

By Howard B. Owens

Late this afternoon, Chris Charvella received word from his attorney that Town of Batavia Justice Mike Cleveland has dismissed the aggravated harassment, 2nd, charge he was arrested on in November.

E. Robert Fussell, Charvella's attorney, could not be reached for further information on the dismissal and the town court is closed at this hour, so we can't retrieve a copy of the decision.

Fussell told his client the charges were dropped because of insufficient evidence to support the charge.

"It shows that politicians at any level can't have a person arrested for saying something they don't like, especially, 'thank you,'" Charvella said. 

He added, "I knew since I was arrested on November 11th that I had not committed a crime. I placed my trust in the justice system and I'm glad the system worked."

State Troopers arrested Charvella after Legislator Jay Grasso filed a complaint against Charvella claiming harassment.

Charvella was charged under a provision of the statute that prohibits telephone calls for "no legitimate purpose."

The call Charvella made was to Grasso's home phone, and he left a message that said, "thanks for reading my blog."

The message was in response to somebody leaving a political sign on Charvella's front lawn that made reference to an item Charvella posted on her personal blog. The sign contained the words, "Sharome Glasshole," a reference to one of Charvella's blog posts.

Following the phone call, Charvella posted another item on his blog that showed a picture of an Ewok and read, "prepare your anus."

Assistent District Attorney Melissa Cianfrini argued against Fussell's motion for dismissal on June 10.

Part of Fussell's position was that based on previous case law, the conduct of Charvella didn't rise to the level of aggravated harassment, 2nd, as intended by the statute since there wasn't an ongoing pattern of harassment. He characterized Charvella's speech as protected by the First Amendment.

Today, Charvella called the dismissal a victory for free speech.

Charvella has said previously that he spent $7,000 on his own defense in the case.

Neither Cianfrini nor Grasso were immediately available for comment.

Authentically Local