Yates County Criminal Court for October 14, 2009
The following cases came before Hon. Judge W. Patrick Falvey on Oct. 6 in Yates County Criminal Court:
• Jeremy Hamilton, 31, convicted of grand larceny third degree, was released on his own recognizance (ROR) and ordered by Falvey to pay $25 per month in restitution. He is to report to the court again on March 16, 2010 for a review of his status.
• Heather Christensen, 22, was sent to a state correctional facility for three and a half to seven years, ordered to pay $4,144.57 in restitution and a $325 surcharge. Falvey also issued an order of protection, revoked probation and ordered post release supervision.
Christensen was arrested in August 2007 in connection with a burglary at the Yates County Humane Society, a Class D felony. She was sentenced to time served and placed on probation for that crime. In May 2009 she unlawfully entered a Village of Penn Yan residence. stole a check and forged it, resulting in three Class D felonies, to which she pleaded guilty on July 14. The sentences will be served concurrently.
• Franklin Goble, 50 had his case regarding sexual abuse, adjourned until Nov. 10.
• A 19-year-old youthful offender had his case adjourned for conferencing until Oct. 20. He was ROR.
• Kenneth Kettell, 41, had his case adjourned until Nov. 10. He is charged with violation of probation, DWI and aggravated unlicensed operation. Falvey continued the securing order and he was returned to Yates County Jail.
• Walter Snyder, 51, appeared and had a trial date set for Jan. 25, 2010. He is charged with assault with intent to cause injury, a Class B felony and assault by recklessly causing serious injury, a Class D felony. Bail was continued.
• Jeremy Schroo, 34, was sentenced on five counts of sexual abuse involving a child. District Attorney Susan Lindenmuth asked the judge to consider a long sentence “to protect the children.” Falvey told Schroo, “I have reviewed your case very carefully.” He sentenced Schroo to 20 years in state prison on a B felony charge, gave him two five-year sentences on each of two Class D felony charges and one year each on two Class A misdemeanor charges.
• Cleverson Knappenberger, 22, charged with a criminal sexual act, a Class D violent felony, appeared for plea. An interpreter who speaks Portugese was provided for the defendant. When he didn’t understand some of the questions, Falvey adjourned the case due to fitness to proceed.
• Danny Sawyer, 41, pled guilty to one count of possession of a forged instrument second degree, a Class F felony. He presented a forged prescription to a pharmacy on Aug. 12. Sawyer was returned to the Yates County Jail on bail and sentencing is scheduled for Dec. 8.
• Daniel Enright, 55, was sentenced to one and a third to four years in state prison, ordered to pay $2000 fine after release and a surcharge. Falvey told Enright, although he had received letters of support on his behalf, “You are a problem drinker and the sentence is for the safety of the community.” Enright had a history of six DWI’s.
• Robert Bergman, 21, pled guilty to one count of possession of stolen checks. Restitution has been paid in full and he was ROR to await sentencing on Dec.8.
• Tammy Hoose, 47, charged with DWI on July 23, a violation of probation, asked to be assigned a public defender. Her case was adjourned until Nov. 10. She was ROR.
• Ramon Johnson, 28, appeared for a review of restitution status. He said he had just started working and Falvey asked him to agree to pay $50 a month towards the $583 restitution and $210 surcharge. Johnson was convicted of possession of a forged instrument second degree.
• Karl Shartzer, 39, was sentenced to 15 days of straight time in the Yates County Jail and four months of participation in the SWEAPS program. Shartzer was charged with criminal possession of marijuana, a violation of probation. Falvey extended his probation.
• Leanne Labadee asked for modification of her probation set in 2006 for welfare fraud. Falvey said she could have a hearing, but she needs to follow probation rules. He did not grant her request.