Ohio gym teacher charged with allegedly doing members of football team gets 4 years, lifetime SO registration

(Original Post 2-6-11)
An Ohio teacher has been charged with 16 counts of sexual battery and 3 misdemeanor counts of offenses involving underage persons for allegedly having sex with football team members and providing them alcohol at the high school she worked at. Stacy Schuler of Springboro OH, was charged by the Warren County Prosecutor's Office after parents went to the authorities regarding their sons' sexual contact with Schuler. Schuler's indictment can be found here.

Schuler, a health and physical education teacher at the 3,048 student-populated Mason High School, has been under investigation by police after an anonymous tip was given to school officials during the week of Jan. 10, according to Tracey Carson, schools spokeswoman. Carson said Schuler was placed on paid administrative leave on Jan. 18. During that time, Schuler was prohibited from attending district events or being on district property.

Chief Assistant Prosecutor Bruce McGary said the allegations did not happen at a party. Mason police Detective Toni Hoelke said when the parents of the students found out about the allegations, they “were surprised and that they had no idea about it.”

The Mason High School teacher, who turns 33 next week, was arraigned in Warren County Common Pleas Court Friday, February 4 and is currently being held on $50,000 bond, which she has not yet raised, according to her attorney, Charlie Rittgers of Lebanon, OH.

“We knew she was being investigated. There has been no discovery from prosecutors and we’ll be starting our own investigation.” Rittgers also stated that if she made bond, thought to be unlikely before the end of the weekend, she would have to wear a GPS monitoring device. and stay away from the victims and other Mason High students. “Anytime a teacher is accused of having sex with students, it gets peoples attention. It doesn’t surprise me with those allegations.”

Mason High school mother Ginnie Sclosser said that "It is just heartbreak all over, and I especially feel bad for the students that were involved and my heart breaks for their parents, too. It's just a bad situation for everybody,"

Schuler graduated from Centerville High School in 1996 and Wright State University in 2000. She was a student teacher at Fairmont High School in Kettering from 1999-2000, according to her file.Her duties included work as an athletic trainer for the high school’s girls and boys sports teams. She earned $53,194 in 2008, according to her personnel file.

In her Health Education Philosophy as part of her application to work at Mason, Schuler wrote that she wanted to teach students about major risk factors for teenagers including “sexual behaviors that result in disease, STDs, and unwanted pregnancies.” Part of her mission statement included “Today’s society has its own standards of behavior, values, and norms that do not necessarily reflect healthy living...How can a child who is sexually active as a teenager learn about STDs and how to prevent unwanted pregnancies?”

Mason superintendent Superintendent Kevin Bright said that “Our job at the end of the day, is to partner with our families and to empower our staff to report anything that seems out of line, and then to act swiftly when someone behaves inappropriately. He also said his district “acted swiftly, partnered with police immediately, and we are standing her[e] today because of how seriously our high school principal took an anonymous tip.”

 

The principal of Mason High, Mindy McCarty-Stewart sent out a e-mail to parents January 31. She said that “As high school principal, I am committed to the safety and well-being of our students, and will not tolerate behavior that does not conform to that goal. Our staff is prepared to help our students during this situation, and know how it important it is to continue to build trust with our students and families.”

 

Schuler isn't the only Mason High employee who has been embroiled in this scandal. George Coates, an assistant Mason High principal, allegedly sent Schuler sexually explicit images. Coates turned in his resignation and the Mason High School board is voting on whether to accept it at their upcoming Tuesday meeting. The school board is also voting on whether to suspend Schuler without pay and beging termination procedures against her at the meeting.

(Update 2-9-11) Schuler was released on her own recognisance yesterday. Conditions of release include a 8PM to 6AM curfew, no contact with any minors or high school students over 18, and no drugs or alcohol. The now former teacher must also wear a GPS device.

During the Mason School Board meeting last night, the board unanimously accepted the resignation of Schuler, who has submitted a letter of resignation Monday. They also accepted the resignation of former assistant principal George Coates. Despite this, Dr. Kevin Bright, Mason School District superintendent, faced calls from parents to also resign. One said "All this stuff happened under his watch." and another said, "It's your policies that now have cost the children their innocence. You ought to get out of Mason. Just get out of Mason. Get out."

Bright said that he reported the allegations to the Ohio Department Of Education, and "While we had begun the process to terminate Ms. Schuler, we received her resignation today and believe that accepting it will save the district a lot of legal fees, which is in the best interest of our taxpayers and students."

(Update 10-28-11) After a three day bench trial, Stacy Schuler was convicted of 16 felony counts of sexual battery and three misdemeanor counts of giving alcohol to minors in a Warren County, OH courtroom yesterday. The presiding judge was Judge Robert Peeler. All five teenage boys were over Ohio's age of cpnsent, which is normally 16, but does not exist when there is a position of formal authority.

All five teens, who were about 17 years old at time, testified that Schuler was drinking alcohol at the time of the alleged incidents, was a willing participant in the acts and initiated much of the contact.

One of the teens testified they considered Schuler’s home a safe place to get high. Several said they were high on marijuana during sex with Schuler and that she made them vodka smoothies and served them beer and peach wine.

Originally, Schuler plead not guilty to all charges, but changed her plea to guilty by reason on insanity, a plea which according to a prosecution witness, was planned by Schuler before she was formally charged. During Thursday's closing arguments, Assistant Warren County Prosecutor Teresa Hiett said that "She got drunk and made some really poor choices. Does that mean she’s insane? No. She was the adult. She was the teacher. She had the trust. It’s the relationship between the defendant and the victims that makes this a crime.”

Defense attorney Charlie Rittgers said that her condition was caused by a mixture of bipolar disorder, Zoloft, an antidepressant drug, and alcohol."The underlying disease is the bipolar. The catalyst is the Zoloft magnified by the alcohol.”

Rittgers said it didn’t make sense that a person with Christian values would risk her livelihood and freedom, and said that the evidence supported an insanity defense.

“They want us to believe that all of a sudden after 10 years teaching, she wants to throw it away to have sex with five different guys,” he told the judge. “It’s far more reasonable to believe Stacy was suffering from an underlying psychological disorder.”

Judge Peeler said that while the defense argument about the adverse reaction of alcohol and drugs or an underlying condition may explain Schuler's behavior, it does not excuse it. Being voluntarily drunk was no excuse for taking advantage of students, and that it would be "a leap" to suggest that Schuler did not appreciate the wrongfulness of her conduct.

Before the verdict, the mother of one of the victims took the stand and said while crying, "These young men may appear as if they are tough guys, but in reality they are truly hurting. (Schuler) played on their emotions and she crossed the line.”

The four year prison sentence comes with an option for early release in six months. Besides the felony convictions of sexual battery, Schuler must register as a Tier 3 sex offender every 90 days for the rest of her life. Schuler resigned as a gym teacher from Mason High school back in February.

Missing Jersey City mom's body found in concrete drum - "husband" charged with 1st degree murder

A Jersey City man was charged with 1st degree murder in the death of his baby's mother, a Canadian who moved to Jersey City, NJ to become a waitress. 38 year old Steven Acuna was charged with strangling his wife and dumping her into a cement-filled barrel which he then folded his wife's body into. The mother's remains were discovered Friday, Septem,ber 23 and Acuna was formally charged with 1st degree murder.

[Randy "Amanda"]Lehrer, 32, was reported missing on Aug. 17. One of the last times she was seen publicly was leaving Tommy’s Family Restaurant on Central Avenue where she worked on Aug. 12 with Acuna, officials said.

Tommy Diakos, owner of Tommy’s Restaurant where Lehrer worked for nearly four years last saw her on Friday Aug. 12 when she finished her shift at 2 p.m.

“I never thought he (Acuna) would do something like that. He was very quiet when he came here,” Diakos said yesterday. “I hope she rests in peace. The baby is going to miss her more than anybody else.”

Acuna was always a suspect in his wife's disappearance. After Jersey City police used cadaverdogs to search their apartment and found nothing, Acuna was held of outstanding warrants, then released. Officials went back late last week after surmising that Amanda's body might have been dumped in the basement.

Hudson County, NJ Prosecutor Edward DeFazio stated, “Last week, based on further investigation, Jersey City police ascertained that tenants in the building had access to the basement. Based on that information they got permission from the owner of the property to inspect the basement...They discovered this barrel that was hidden by construction-type debrisAnd when they saw that barrel, based on good intuition, they said something didn’t look right about the barrel.”

The barrel was opened and Lehrer’s remains were found “encased” in concrete, according to DeFazio. There was no evidence that she was dismembered. “It is almost like she was bent, folded,” the prosecutor said. As investigators examined the remains, they realized they belonged to a woman, DeFazio said.

“Although there was decomposition, they were of a mind that it was Amanda. Then, further corroboration was obtained at the time of autopsy.”

DeFazio went on to say, "We believe this (murder) occurred during the course of a domestic violence situation and it could be that she was strangled.We believe it happened shortly after she was last seen alive.”

Acuna is being held on $1 million bail for 1st degree murder at the Hudson County Correctional Facility.  After his wife's body was found, neighbors organized a vigil outside their apartment. A woman who was visiting her daughter said, "It's so sad, just painfully sad. I was visiting my daughter and wanted to know why everyone was standing around this house. Now, I wish it wasn't so."

Minnesota serial predator sentenced to 10 years for raping woman, groping three others

A Shoreview, MN developer was sentenced to 10 years in prison Wednesday, April 20 and will be deported back to his native Bangladesh after being convicted of raping a woman and groping three other women. The sex assaults took place between January 2008 and September 2009. According to prosecutors at his trial, now 36 year old Maksud Mahbub would target women who were drunk at downtown Minneapolis bars during closing time and offer them "help" or rides, when they would be assaulted in his car or home.

The women testified that they passed out and woke up in Mahbub's home or car, unable to remember how they got there. The evidence against Mahbub included a shopping bag found in his closet with four pairs of women's underwear, including one belonging to a victim; a bra; and some women's jewelry. The victims also testified that Mahbub took or disabled their cellphones, in some cases by removing the batteries, so they could not call for help.

In one of the assaults, the victim testified that she had gone to a Minneapolis bar with a friend in September 2009 and had about five beers and six shots of liquor before ending up alone. She testified that the next thing she remembered was being in Mahbub's car. At his townhouse, she said, she fell asleep with her clothes on in his bedroom, but was nude when she woke up and he was on top of her. She said he raped her, even though she pushed him off twice.

Mahbub testified that he had never touched the woman. He also said that he had consensual sex with one of the women and kissed another, but denied touching the others. Mahbub testified at trial that he had only good intentions when he offered the inebriated women rides or took them to his townhome. He admitted only after aggressive questioning that he would have liked to have sex with the ones he groped "if they wanted to."

Investigators found three victims through taxi records after the first reported she was raped in September 2009. Another reported her assault after officials put out a public call for victims to come forward.

The charges that Mahbub was found guilty of and sentenced by Ramsey County District Judge Judith Tilsen were a single count of 3rd degree CSC and 3 counts of 4th degree CSC. A charge of 3rd degree sexual misconduct was dropped, and cases against six other women were not pursued or dropped due to lack of evidence. One of his victim wrote a letter to Judge Tilsen regarding her assault.

"I wanted to write this letter not only for myself but for the other women in this trial, and the countless others that may have been afraid to come forward. I thought, how could this happen to me? I am so much ... stronger than to let this happen." she said, before realizing that regardless of background, there is a difference between sex and rape. As for Mahbub's actions, the victim said, "that's what predators do."

Mahbub through his attorney Earl Gray, argued for a year in jail and SO treatment, stating that the immigration hold Mahbub has meant that he will be seperated from his brother, young daughter, and mother, who cried throught the proceedings. "I have been blessed with a loving family. I'm sorry to everyone because they had to endure such a hard time ... because of my conduct. I'll never be able to see my daughter, brother and mom ever again." said Mahbub.

Judge Tilsen said in response, "I'm not going to depart from (state sentencing) guidelines because it's going to be hard on your family," and Ella Friendt, a juror on the case, said "To me, it was a gut-wrenching case. It was very hard being a mother, to see what his mother was going through. But I also have a daughter ... and he was a predator."

"Boyfriend" sentenced to life without parole for running over woman on Jacksonville, FL street

A man who deliberately ran over his "girlfriend", crushing her bones so badly that they "resembled sand" was sentenced to life without parole in a Jacksonville, FL courtroom a week ago today. Circuit Judge Mark Hulsey sentenced Giacinto Martin, now 34, for a count of attempted murder for pushing mother of two Mary Wilkie out of a car she was driving and running her over last July in Jacksonville.

Martin pushed Wilkie out of the car, ran over her, backed over her and then ran her over again. He maintained it was an accident. The two had left a bar that night and Wilkie drove because Martin was drunk.

Police said Martin left Wilkie on Anniston Road just off Beach Boulevard to die in the middle of the night. During a break in his interview with detectives, he was caught on video saying to himself, “If I was going to run her over, I’d make sure she was dead but I’d never do that.”

According to the victim's mother Judith Wilkie, her daughter is still in a wheelchair relrning how to walk, and medicial bills from her recovery have topped $1.4 million. Assistant State Attorney Bernie de la Rionda said that the $1.4 million was the highest amount he has seen for medical costs resulting from crimes he has prosecuted.

Before Judge Hulsey sentenced Martin, Martin asked for a term which would allow him to attempt to pay off the victim's bills. “I have nightmares every single night about this. I swear to you. I swear to God. I swear to everybody in my life I’d never hurt her.”

However, Hulsey said, “There are cases where lenience is called for. This isn’t one of them. I hope that God has mercy on your soul, to be honest with you.”

Stripper sentenced to decade of imprisonment for running over customer

By Lauren Pack, Staff Writer [Journal-News, Hamilton, OH]

HAMILTON — An exotic dancer who pleaded guilty to striking a customer with her vehicle and dragging him to death was sentenced to 10 years in prison this afternoon [Thursday, April 7, 2011]in Butler County Common Pleas Court.

Kristina Hensley, 35, of Higginsport, was given the maximum sentence by Judge Keith Spaeth at a 1:30 p.m. hearing. Supporters of Jae Cho, the 31-year-old Monroe man killed by Hensley, applauded the judge’s ruling. Pam Birch, Hensley’s mother, began wailing as her daughter broke out in tears and doubled over.

Spaeth called the autopsy photos and the autophy report detailing how Cho died, “ghastly.” The judge said he had seen a lot of autopsy photos over the years, but Cho’s were “very hard to look at.”

“Given the circumstances of this case, Ms. Hensley, the court has not choice,” Spaeth said before handing down her sentence. “You didn’t just hit Mr. Cho, he was (dragged) to a horrible death.”

Hensley took a deal in February, pleading guilty to involuntary manslaughter and failure to stop after an accident. Her plea came days before she was scheduled to go to trial on charges of murder, aggravated robbery, theft and failure to stop after an accident.

She was accused of robbing and killing Cho on Aug. 7, and stealing from another customer a few hours earlier in Blue Ash. In the statement of facts read at her plea hearing, Hensley admitted to causing Cho’s death after attempting to steal from him.

Hensley originally told police that after the incident she received a call from her employer, Naughty Bodies, to go to 367 Timrick Place in Monroe for a private show. She said she arrived about 4:20 a.m., and that once inside, Cho touched her inappropriately. She told police she left immediately, and Cho followed her out of the house. She struck him with her vehicle as she fled, but told authorities she didn’t know Cho was lodged underneath her sport-utility vehicle.

In a sentencing memorandum filed this week, defense attorneys Jeremy Evans and Timothy Upton urged the judge to give Hensley community control or sentence her to the minimum of three years in prison with credit for the 334 days she has served since her arrest. Hensley has three sons, ages 13, 8, and 7, and is engaged to their father, who has been unemployed for some time, according to defense attorneys.

“As a result, Kristina has been the sole income provider for their family, opting to work as a dancer due to economic hardship in an economy that had nothing else to offer her,” Evans wrote in the motion. “She would sit in a parking lot waiting for a call to do a show, travel alone to a show, go alone to a stranger’s home to perform and was expected to collect the money, perform a show and leave without incident.”

The defense also said Hensley has no prior violent history and her only exposure to the criminal system was in 2002 in Florida for petty larceny and resisting an officer in the recovery of a stolen vehicle. “The facts surrounding this event show that this was not a vindictive, malicious or retaliatory act toward Mr. Cho nor that Kristina Hensley intended to cause his death,” Evans wrote.

The defense said GPS evidence shows Hensley pulled out of Cho’s driveway and sat in the street before driving off. “There is some evidence that she did not just heartlessly plow over Mr. Cho, but sat in the street for more than 9 minutes before leaving his home.”

Evans and Upton said Hensley then drove 1.3 miles to the nearest open and lit establishment — a Shell gas station — and stopped. Hensley has shown emotional trauma and remorse for her actions, according to her attorneys.

Letters asking the judge to show leniency for Hensley have been sent by family members, including her oldest son, her mother, Pam Birch; and stepfather, Douglas, who live in Middletown.

According to the prosecutor’s office, numerous letters from Cho’s friends and loved ones also have been sent to Spaeth. Cho, a University of Cincinnati graduate, worked as a server at Sammy’s Gourmet Burgers and Beer in Blue Ash.

Last month, a wrongful death lawsuit asking for $3 million in damages was filed by Cho’s father, In Chae Cho, against Hensley, State Auto Insurance Companies and Allied Communications Network (doing business as Naughty Bodies).

The suit filed by attorney Gary Franke of Cincinnati seeks damages for reasonable and necessary funeral expenses, mental anguish and a loss of Cho’s support and services, according to Butler County court documents.

Hamersville, OH man sentenced to 2 years imprisonment, lifetime Tier 3 SO registration for sex with drunk woman

A Hamersville, OH man who sexually battered a woman during a party on Halloween 2010 was sentenced to a mandatory 2 years imprisonment and Tier III sex offender registration in the Brown County Court of Common Pleas on April 7, 2011.

38 year old Marlon Scott Schauer plead guilty to a single count of sexual battery, down from two charges of rape for the incident, which took place last fall. Assistant Prosecutor Steve Purtell said that the charges involved a woman who wastoo drunk to give meaningful consent to sex, and who may have also been asleep.

Court of Common Pleas Judge Scott Gusweiler accepted the plea and sentencing recommendation, and noted during the hearing that the case files do not reflect any prior criminal charges in Schauer's history.

The two year sentence is mandatory and cannot be shortened by early or judicial release, Gusweiler told Schauer Thursday. As part of the plea, Schauer also relinquished his right to appeal to the 12th District court of Appeals, the judge said.

Five years of mandatory post-release control are also included in the sentence, and Schauer will be permanently considered a Tier III sex offender for the remainder of his life. Tier III is the most serious of Ohio's sexual offender designations, and after his release from prison Schauer will be required to register, in person with the sheriff of the county in which he lives, works or goes to school. Tier III offenders like Schauer are also required to provide other identifying information, including mobile phone numbers and email addresses, with law enforcement, Gusweiler said.

Defense attorney Kenneth Miller said that Schauer's wife has remained by her husband's side dispite the nature of the charges, and that his client showed "a great deal of remorse," during the sentencing. Miller said that his client's Valentines' Day 2011 suicide attempt, leading to hospitalization and a mental evaluation, stemmed from genuine guilt, and was not an attempt to delay court proceedings.

Syracuse men sentenced to 18 years imprisonment for attempted murder of wife

A Syracuse man was sentenced to 18 years imprisonment for shooting his wife Wednesday, April 6, 2011 in a Onondaga County courtroom for the attempted murder of his wife. Cecil Torrence III, a 35 year old father, pled guilty on Valentine's Day 2011 to a single count of attempted 2nd degree murder for shooting his wife Lisa in the bathtub after an argument over texting. 

The couple reportedly was arguing about text messages the victim had received when Torrence pulled a gun and opened fire on her in the bathtub, the prosecutor has said. The victim was shot four times, but managed to crawl from the residence after the gunman left with the couple's 2-year-old child.

The victim collapsed in a snowbank outside her home where neighbors discovered her and called for help. The defendant was arrested the following day when he was found hiding in a closet of a home on North Midler Avenue.

Given an opportunity to speak in court, Torrence turned to face about a dozen relatives and apologized for any shame and embarrassment he caused them. He then apologized to his children for being taken away from them as a result of his conduct. Lastly, he apologized to his wife for causing her any pain and suffering.

Aloi noted Torrence's courtroom comments were far different from his reported comments to the probation officer who prepared a pre-sentence report. The judge said the probation report indicated no remorse by Torrence.

Paul Carey, Torrence's defense lawyer, said that the lack of remors in the pre-sentencing report was due to his advice not to talk about the case until after sentencing. The defendant's two daughters and aunt were upset with the length of the sentence because homicides can get that lenght of time behind bars.  The aunt said her nephew was"a good person, a good father and a good husband."

Voyeur sentenced to two years probation for secret videotapes of woman, girl

An Uwchlan, PA man was sentenced to two years probation for recording a nude woman and a clothed girl at his home April 1, 2011. The sentencing of David W. Geipel, 37, was for invasion of privacy and disorderly conduct, and took place in Chester County (PA) Common Pleas Court under Judge Judge Anthony Sarcione.

According to Kubacke and the police complaint filed in the case, the recordings were discovered after Geipel's wife, Michele Geipel, called a close friend last spring and told her that she had discovered a computer's external hard drive with videos on it showing the friend's pre-teen daughter wearing a bathing suit in the bathroom.

Michele Geipel also told the friend, whose name is being withheld to protect her daughter's identity, that she had also seen on the hard drive a video of a mutual friend who had been staying at the Geipels' house using the shower. The video showed her naked.

After talking to the girl's mother on April 15, Uwchlan Police Detective Phillip Owen obtained a search warrant for the Geipel's home and seized as many as 10 computers, according to Ramsay. Owen turned the electronics over to the Chester County Detective's Computer Forensics Unit, which extracted videos, including those described by Michele Geipel.

Because the girl recorded was clothed, Geipel could not be charged with a crime according to Pennsylvania law. The invasion of privacy charge referred only to the adult victim.  Because invasion of privacy and disorderly conduct is a 3rd degree misdemeanor punishable by a year in jail, Geipel was able to apply for Accelerated Rehabilitative Disposition (ARD) for first time offenders. He was turned down.

Besides two years probation, the cameras and computers used to record then store the indecent images were forfeited to the Uwchlan Police Department. Geipel was ordered to undergo psychosexual evaluations, and not to contact the grown victim, the child victim, or the child's mother.

Correctional officer sentenced to probation for sex acts with inmate

A female former correctional officer was placed on two years probation Friday, March 25 with 2 years imprisonment suspended for having sexual contact with a 24 year old male inmate at the Burlington, IA facility where she used to work. 32 year old Megan Elizabeth Cecil originally faced four counts of sexual misconduct with offenders, but per plea agreement, two of those counts were dropped, and prosecutors agreed "not to file any additional charges now known to the state related to the defendant's employment at the Burlington Residential Correctional Facility."

Cecil admitted to engaging in a "sex act with an individual committed to the custody of the 8th Judicial District Department of Correctional Services," while she was a residential officer on March 9 and again on March 19, both of last year. The original charging document stated she had an inappropriate relationship with the inmate two more times later that same month.

Dan Fell, the correctional service's District Director, said Cecil started as a part-time residential officer in Sept. 14, 2007. She became a full-time employee in the position May 30, 2008, and resigned in April of last year. Three of the "sex acts" were reportedly committed inside the halfway house, and one was "in a location outside the facility," prosecutors said.

The two years probation were a compromise between jail time prosecutors were asking for and a deferred judgement that the defense wanted. Besides the probation related to her charge, Cecil will have to register as a sex offender and undergo counseling. Cecil will spend a decade on probation after the initial sentence.

Border guard gets 2 years for making women strip for no reason

A Canadian Border Service Agency (CBSA) guard was sentenced to 2 years less a day in the British Columbia jail system followed by three years probation by forcing young women, three Americans and a Canadian, to strip under threat of detention or a criminal record. The victims were detained on pretence of drug charges. 35 year old Daniel Johnson Greenhalgh was sentenced by BC justice Fritz Verhoeven in a New Westminster, BC courtroom on March 4, 2011.

The incidents took place in the spring of 2007 at the Douglas Border Crossing in South Surrey (known as the Blaine or Peach Arch crossing to Americans). The gropings took place between April 12 and May 26 in various locations at the crossing. The first incident, on April 12, featured two Seattle young women who were trying to cross the border. Greenhalgh separated them, made both of them strip, but only groped one of them.

The victims were not admitted into Canada.  The next incident featured a Canadian woman who was returning from Seattle with her friend April 14. The last incident featured a young heterosexual couple detained at the border on May 26, 2007. The last incident lead to the charges Greenhalgh were convicted of. 

The couple were detained at the border for one hour and 20 minutes. During that time Greenhalgh allegedly grilled the young woman about whether she was smuggling drugs, and then suggested that she could either be detained overnight in a cell and strip-searched in the morning or strip-searched now. When she chose to be strip-searched immediately, she was told to walk to the back of the building.

Greenhalgh then allegedly took her to a men's bathroom in a park where he ordered her to take off all her clothes except her underwear. After patting her underwear and private parts, he touched her breasts. She got dressed and the couple was allowed into Canada.

Justice Frits Verhoeven said that while even a legitimate strip search can be humiliating, the disgraced border guard used "relentless lies, intimidation and threats" to coerce women who knew the searches were illegal, but "reluctantly surrendered." Greenhalgh's abuse of authority had not only tainted the reputation of the CBSA, but tainted the reputation of Canada itself. Justice Verhoeven said that crimes like Greenhalgh's "shock and appall nearly every Canadian."

As a border guard, Greenhalgh was entrusted with enormous power, which he "knowingly, flagrantly and repeatedly" abused with apparent indifference to the suffering of his victims, Verhoeven said. And yet, he noted, the former guard has shown no sign of remorse.

The judge noted that Greenhalgh refused to discuss the offences with a psychiatrist prior to sentencing. Outside court, defence lawyer Stephanie Vyas explained to reporters that Greenhalgh maintains he's innocent and will launch an appeal of his conviction. The psychiatrist found him a moderate risk to reoffend, unless he finds himself once again in a position of authority. In such circumstances, the psychiatrist said, he'd be a high risk.

Two of the victims submitted victim impact statements. One said that after the "insult to her dignity," she had become cynical about authority figure, and a second victim is now afraid to travel. Another victim impact statement was submitted by Greenhalgh's ex-wife, who he met on the job as a fellow border guard. The ex-wife said that the crimes were a "devastating" breach of trust not only to the profession, but to her and their children. Greenhalgh is currently living in his parents' basement after being fired from the CBSA, a construction job, and using up his unemployment benefits.

Crown prosecutor Winston Sayson said that the sentence was just, since Greenhalgh's conduct was "an affront to all Canadians. He broke his promise, his oath of office."

Prosecutor given 6 months in jail, SO treatment for assaulting drunk driving defendant

(Original Post 4-24-10)

A former Holland, MI city attorney was sentenced to 6 months in jail, a year of probation, and sex offender treatment for coercing a 21 year old woman into sex in exchange for letting her off on a traffic ticket. 31 year old Carl Gabrielse was formally sentenced Monday, April 19 to 3rd degree criminal sexual misconduct and misconduct in office by Ottawa County Circuit Court Judge Calvin Bosman. If he completes his probation successfully, Gabrielse can withdraw the 3rd degree CSC conviction and plead guilty to a reduced charge of gross indecency between a male and female, allowing him to escape the Michigan SO Registry.

The incident took place with a 21 year old Zeeland, MI woman in a jury bathroom last fall.

Gabrielse, contracted through Cunningham Dalman as a deputy city attorney, was accused of assaulting the woman at the Holland District Court in November. The victim later helped gather evidence so police could arrest Gabrielse.

The victim, who never entered the drunken-driving plea reached with Gabrielse, recently reached a different deal with prosecutors to plead down to impaired driving.

The judge scolded Gabrielse before accepting the plea. "I'm sure you know your biggest crime in this case is your violation of your oath to your wife, your oath to your profession and your oath to your employer. It's a costly violation."

So did the victim's aunt on a local forum.

Let me educate you all about a few things, since you weren't there and don't know all the facts. I was there as I am a relative of the victim. First of all.....she was RAPED! He admitted to RAPE. These things are on the record. She had no say in 'the deal' that was made. Her life is never going to be the same. First she gets RAPED by a member of the legal profession. Then she gets metaphorically RAPED by the judicial system.

Guess what the judge said upon sentencing? I haven't seen this reported so I assume the media is in on 'the fix'. The judge said in words similar to these that 'Mr Gabrielse, the people you hurt most in all of this is your profession and your wife and family' Really? Not one single mention about my niece and what she will have to go through because of a corrupt system. I won't go into all of the rest that happened because it all just makes me want to puke. This person, who I refuse to call a man, has gotten off virtually free. All the judicial system wants to happen here is for this to go away. I hope reasonable people can see what happened here.

A young woman commited a crime that she should have been punished for IN A COURT SESSION, not by being assaulted. Once again, Mr. Gabrielse admitted to RAPE and was caught on tape saying he'd like the next time to be 'more mutual'. This......piece of filth should have to suffer for the rest of his life. Instead....because he is a husband and father, and because he's remorseful, and because he's a deacon in his church, and because he hasn't done it before, (somehow I don't buy it), and because he has already been fired, the judicial system, including the prosecutors office I might add, thinks the deal that was made is appropriate. Unfreakenbelievable.

She was hung out to dry the moment she reported it. This is a fantastic precidence to set for victim's of RAPE and other types of abused. Say yes to Michigan? Maybe. But not to the Ottawa County judicial system. Sounds like something that would have happened 75 years ago in the deep south, not in modern America. So very sad.

Gabrielse's law license is currently on administrative suspension by the Michigan Attorney Grievance Commission, an arm of the Michigan Supreme Court that handles attorney misconduct cases of all types. John Burgess, the attorney handling the expected discipline by his organization, said that the complex plea deal will complicate, but not derail the actions expected against Gabrielse's license.

  “It’s a unique situation in that he entered a plea but I understand that he may have the opportunity to withdraw it. That could be a bit more tricky” in deciding exactly when to begin disciplinary proceedings, he said. It’s certainly a serious matter and it’s going to be treated as such,” said Burgess.

(Update 3-12-11) Gabrielse finished his probation without any hitches, so he was able to withdraw his original CSC plea and plead to indecency between a male and a female under Judge Jon Hulsing Monday, March 7. The victim has filed a federal lawsuit against Gabrielse and the city of Holland. The defendants have agreed to settle with the plaintiff out of court, but details of the settlement are still being negotiated.

Green card marriage leads to murder of wife, life without parole for husband

A Jamaican national who married a Florida woman to gain residency easier was sentenced to life without parole Wednesday, March 2, 2011. Orane Ferguson, 31 and a resident of Land O Lakes, FL, was convicted by a Pasco County jury of 1st degree murder for stabbing his wife, Lenora Michelle Ferguson, 50 times in the bathroom of their home. Ferguson was also convicted of aggravated battery for stabbing the murder victim's minor son, Gabriel Neal. Since prosecutors did not seek the death penalty,  Circuit Judge Michael Andrews could only sentence the defendant to life without parole.

The Kingston, Jamaica native testified that he was in Florida for a four month visa to attend his brother's funeral when he met the victim, who went by her middle name. The woman suggested that she would help Ferguson obtain permanent residency in the United States by marrying him, while he supported her and her son. According to defense attorney Assistant Public Defender Willie Pura, Ferguson was met with increasing demands by his wife, including sex and impregnation, and threatened to withdraw her immigration help if he did not comply. Things boiled over on July 20, 2008.

The Fergusons argued that Sunday morning before heading to church in Lakeland. A second argument broke out after they returned home that afternoon. This time it turned violent. Orane Ferguson grabbed knives and so did Neal, who heard his mother screaming and ran downstairs to help her.

Eventually, Michelle Ferguson ran into a bathroom. Her husband forced his way in and began stabbing her. Neal ran to the door with a knife and began trying to attack his stepfather. Orane Ferguson stabbed him in the mouth, chest and thumb. The boy collapsed but managed to run outside and get help. Orane Ferguson testified that he doesn't remember stabbing his wife.

In closing arguments, Pura said that the events of 2008 should be considered manslaughter, since"There is simply no evidence of premeditation." Assistant State Attorney Mike Halkitis "How long does it take to get some knives, chase her into the bathroom, knock down this door and stab her 50 times? Is that enough time for reflection? I submit that's more than enough time for reflection."

The victim's sister Lakeisha Robinson, said that she remembers Michelle as a loving and caring mother. "The only thing she did wrong was marry the wrong man."

Northwest Houston serial rapist sentenced to life with parole possibility in 30 years

By CINDY GEORGE HOUSTON CHRONICLE
March 4, 2011, 5:18AM

A Houston man charged with five rapes and a murder in the Acres Homes neighborhood received a life sentence with the possibility of parole on Thursday. The same jury found LaMarques Devon McWilliams, 35, guilty last Friday of one aggravated sexual assault — a first-degree felony. The other rape charges were dismissed. He will be eligible for parole after serving 30 years in prison, according to his lawyer, Jacquelyn Carpenter.

McWilliams is accused of raping a woman who has pleaded guilty to prostitution three times in Harris County in the past two years, according to public records. The woman, who is not being named by the Houston Chronicle, testified during the guilt-innocence part of the trial.

After McWilliams was convicted on the single aggravated sexual assault charge, the prosecution presented DNA evidence that linked him to several other women, who testified during the penalty phase of the trial that they were raped by McWilliams.

McWilliams was arrested in August 2009 on two counts of aggravated sexual assault. A month later, he was charged with three more rapes and the death of Pamela Ann Goss, whose body was found in the Acres Homes area in 2006. McWilliams still faces a murder charge.

Carpenter said most of the women who testified this week worked as prostitutes.

"DNA shows evidence of sexual activity but it doesn't necessarily mean that the sexual activity was rape," the defense lawyer said. "If there were any sex, I believe it was consensual."

McWilliams did not testify, but has maintained his innocence. His lawyers have filed a notice of appeal.

Carpenter contends that her client was identified by police for political expediency as a way to calm fears about a rash of rapes and killings.

"They've been looking for someone for years," she said. "This was about showing the black community that we care that something is happening in (Acres Homes)."

A prosecutor with the Harris County District Attorney's Office could not be reached for comment.

Acres Homes residents and local activists became alarmed by the possibility of a serial killer or serial rapist in the northwest Harris County community after several bodies were found along roadsides, ditches and empty lots beginning in 2006. During the same time, there were dozens of sexual assault reports in the area. The investigation became one of the largest in the history of the Houston Police Department, which formed a special task force and devoted what was described as unprecedented resources to chase leads.

That probe resulted in multiple arrests, but charges were filed against McWilliams and Bilford Dwight Junious, 40, who was accused of nine sexual assaults in Acres Homes over seven years. He was convicted on one rape charge in 2009 and sentenced to 40 years in prison. The other charges were dismissed.

cindy.george@chron.com

Houston man held without bond for sexually mutilating wife

A career criminal was charged with the torture of his 33 year old "wife" and held without bond. Gregory Longoria Jr, 39, was charged with aggravated assault of a family member for holding his estranged wife against her will and torturing her between noon Wednesday, February 16 and 7 AM February 17. 

The 33 year old victim left Longoria and moved back to her parents' house along with her four children to escape the abusive relationship and allegations of cheating. Wednesday, Longoria went to the victim's parnets' house and threatened her with violence if she did not bring the one year old girl she had with him. She left with him and went back to Longoria's apartment.

The victim told investigators Longoria threatened to kill her elderly, disabled parents if she didn’t comply with his demands.The victim said once they arrived at Longoria’s apartment, he told her to undress and took sexually explicit and obscene photos of her.

When he was finished with the camera, the victim told investigators Longoria tied her to the bed and beat her. She said he then used a can of hairspray and a lighter to burn her nipples and vagina. After he burned her, the victim said he ripped one of her nipples off her body.

The victim said Longoria also choked her with a belt and smothered her with a pillow, causing her to lose consciousness. Longoria kept her there from noon Wednesday until 7 a.m. Thursday, deputies said. He then dropped her and the baby off at her parents’ house.

Longoria let her go after she convinced him that she had to go to a job interview that Thursday and that they needed the money. Longoria told her to take a shower and dropped her off at her parents house. Longoria took his daughter and drove around Houston until he was stopped Thursday evening. The victim was driven to Kingwood Medical Center.

Investigators observed burns to the woman's body consistent with her description of what happened. A doctor at Kingwood Medical Center told investigators that the woman will require reconstructive surgery and will suffer permanent disfigurement as a result of the attack, court records show.

During a press conference, Longoria was likened to a mad dog by Harris County Sheriff Adrian Garcia. "There are rabid dogs in our society — animals. These dogs that think they can get away with dehumanizing any person, but in particular women, will be dealt with. We are proving today that we will hunt those dogs down and put them in their kennels and try to show them the same dignity that they failed to show for a fellow human being...God help me if such an animal were ever to introduce himself to my family."

While the baby was physically unharmed, Lt. Ruben Diaz of the Houston sex crimes unit said "He had the baby asleep on the couch in the next room, probably listening to her own mother's screams for help." After Longoria's arrest Thursday afternoon, Diaz said  "He didn’t even care that we picked him up. When we picked him up, he had a curt attitude. He had a smirk on his face like he didn’t care." The reason the situation lasted so long was because "She was protecting her family more so even than herself - she was tolerating the abuse."

The victim's mother told reporters "At times, I saw her she would just look teary-eyed. I would advise couples not to be quiet but be up front because that’s how a lot of women die."

The emergency protective order prohibits all contact with his victim, including indirect contact or showing up at her workplace. The same no contact conditions were imposed regarding the victim's four children and her parents. Prosecutor Donna Hawkins with the Harris County District Attorney's Office said the order "precludes the defendant from having any contact with the complainant in this case, not going by her residence and not attending her work place either." 

Longoria is charged with a first degree felony "because of three elements: he assaulted a member of his family causing serious bodily injury and utilizing a deadly weapon, which in this case is fire," according to Hawkins.

According to a family member, the victim, who was released from Kingwood Medical Center Monday,  is actually comforting her family members. "We have all been crying, when we come up to her, she just looks at us and says, ‘why are you crying? I am fine, I am strong, if I’m not crying you should not be crying...She is very hopeful about the future. She trusts a lot in God...She's not going to let this person take her down - she's way stronger than that."
 
Longoria has a history of arrests in Harris County dating back to 1989, including convictions for shooting two men, court files show.

In 2005, Longoria was charged with misdemeanor assault of a family member after he was accused of choking another woman identified as his wife with his hands, court records show. A court issued an emergency protection order, and Longoria pleaded guilty and was sentenced to 160 days in jail.

In 1992, he pleaded guilty to an attempted murder, two charges of aggravated assault and felony theft. He was sentenced to 10 years in prison on the aggravated assault and theft convictions and granted 10 years probation and deferred adjudication for the attempted murder conviction, court records show.

In September 1991, when Longoria was 20 years old, Bellaire police arrested him for shooting a 21-year-old man four times. Longoria was a passenger in a moving vehicle when he fired the shots, court records show. That man survived, and the incident led to Longoria's conviction for attempted murder.

A month later, Longoria was arrested again, this time for shooting a 20-year-old community college student. That victim also survived.

Longoria has not been formally arraigned yet because arraignment requires a public defender. Numerous public defenders have refused to take him on as a client due to the nature of the charges and allegetions against him. A lawyer is scheduled to be appointed later today.

Former British soldier sentenced to 16 to life for bombing of wife's car

A former British soldier was sentenced to life imprisonment without parole for at least 16 years at Maidstone crown court Friday, February 18. 33 year old Nicholas Fabian of Vigo, Kent, England was convicted for planting a hand grenade underneath his wife Victoria's car. The hand grenade was stolen from training exercises and was rigged to go off when the victim reversed out of her driveway on March 5, 2010.

The victim suffered burns and shrapnel injuries, and was six months pregnant with her attacker's son, named Freddie. During the attack, Fabian, driving in another car with his four year old son Harry ripped off his shirt to use as a tourniquet. Police suspected Fabian from the beginning, but charges were not filed until they found the green and yellow paint that was found on the grenade and the fishing line used to booby trap the car. Fabian's official charges were attempted murder and causing an explosion with intent to endanger life.

Andrew Patience, QC castigated Fabian before formally pronouncing sentence. "What you did in causing that explosion, with the consequences which flowed from it on March 5 last year, was wicked beyond belief. You conceived a plan to rid yourself of your wife which demonstrated low cunning in its planning and preparation, and utter heartlessness and chilling ruthlessness in its execution...You are an evil man who was prepared to destroy at least one human life in order to achieve your own selfish ends. Not only are you evil but you present a danger to the general public."

Patience said that "your wife was not to know, even when you were sat together on March 4, that the plans for your life together meant nothing to you and you were practising upon her the cruelest of deceptions."

The motive behind the attack was for Fabian to rid himself of his wife and make a life with his mistress Jackie Phillips. The 33 year old Phillips told authorities Fabian promised to leave his wife for her, but Fabian himself said that he felt "lust, infatuation and obsession," but not love for Phillips. Phillips was not the only person who Fabian has had dalliances with.

Since his conviction [Thursday, February 17], it has since been revealed that as well as cheating on his wife, attempted killer Fabian had previously worked as a £50-a-time male prostitute and even starred in a gay porn movie while still a soldier in Aldershot.

Known as ‘Squaddie Nick’, he catered to the sexual needs of older men with an Army uniform fetish. One man, who had a relationship with Fabian after meeting him on a train, said: 'He came on to me strongly and we had sex in the train toilet. 'I dropped him off at his married Army quarters afterwards in my car but that night he was knocking on my door again. He was having affairs with a string of women and wanted gay sex too,' he told The Sun.

At the time [in 2004]he was living with a former partner, Louise Sands, the mother of two of his children. When asked after the trial whether she was aware of her ex’s secret double life, Miss Sands, 30, said: ‘What? Nick? Gay? My head is fried.’

He had spent ten years in The Princess of Wales Royal Regiment and during his time with them he was investigated for ‘misconduct issues’ which saw him demoted from lance corporal to private. He was also alleged to have stolen from his fellow soldiers.

After leaving the Army in 2004 he had found it difficult to adjust to civilian life and claimed he was happy when he was called up to serve as he missed ‘the thrill of being a soldier’, the court heard.

On the day of the attack in March last year Mrs Fabian had planned to take Charlie and Harry, her four-year-old son with Fabian, to get a haircut.

Afterwards all four were due to have a family meal at a Harvester restaurant.

Alastair Dickson from the Kent Crown Prosecution Service, said the affair with Phillips was not the only motive behing the attack on his wife. "Clearly not everyone who has affairs goes on to attempt to kill his wife in such a way...It has something to do with the fact that he was a fantasist and an attention-seeker but I don’t think anyone will ever know the true motive in addition to the Jackie Phillips motive behind this offence."

Dickson praised the victim for facing her attacker in open court instead of from behind a screen. "Victoria Fabian, throughout this terrible ordeal, has shown an enormous degree of bravery and strength. That's reflected in the way she gave her evidence to the court. She was brave enough to make the decision that she didn't want to give evidence from behind a screen, which was available to her. What she wanted to do was face Nicholas Fabian in court and for him to see exactly what he had done to her, and that shows remarkable bravery."

Man who bludegoned, dismembered mistress sentenced to 25 years

A Delaware man who murdered his mistress and dumped her body in the Atlantic Ocean because he could not afford to take care of two families was sentenced to 25 years in prison with 85% to serve for aggravated manslaughter. Rosario DiGirolamo, now 36, was sentenced in a Trenton, NJ courtroom yesterday for beating Amy Giordano, his 27 year old mistress, with a hammer, cutting her body into pieces, and burying Amy's body in a pond. The killing took place June 7, 2007. DiGirolamo plead guilty to aggravated manslaughter on January 3, 2011, when his $1 million bail, which his parents put up, was revoked.

DiGirolamo was seeing Amy when she lived in Hightstown, N.J, and he and his wife, Maria DiMaggio, lived in Millstone Township. DiGirolamo was putting Amy up in a $850 per month apartment apartment.

DiGirolamo claimed that his mistress lunged at him with a hammer after an argument over money and Giordano was threatening to  expose their affair, but Superior Court Judge Edward Neafsey pointed out that DiGirolamo searched "lethal karate blows to the back of the head...He studied how to do this and learned his lesson well,” Neafsey said. “What the vicious nature of the crime showed was his anger for the victim and his decision to eradicate her, totally eliminate her, from his life.”

The case did not just make New Jersey headlines, but Delaware's headlines, since two days after the killing, DiGirolamo and Amy's baby Michael DiGirolamo, then 11 months, off at a hospital in Delaware with a note stating "Please help my baby John Vincent I can no longer take care of him. Lost job, lost medical. God have mercy on me."

DiGirolamo was charged with murder in March 2008 after his former best friend became a government witness. John A. Russo Jr. told prosecutors that DiGirolamo had told him of plans to kill the 27-year-old Giordano because he couldn't afford two families. On June 4 or 5, 2007, Russo told prosecutors, DiGirolamo bought a reciprocating saw, garbage bags and drain cleaner at a Lowe's store that Russo managed, and on June 8 confided that he had killed Giordano.

Three days after DiGirolamo's arrest in March 2008, Russo took authorities to a pond near his Staten Island, N.Y., home where had led DiGirolamo on June 9, 2007. That day DiGirolamo threw a suitcase containing Giordano's body parts into the water, and drove to Delaware to get rid of their son.

Russo, who pleaded guilty to misdemeanor evidence tampering, was sentenced in December under New Jersey's pretrial intervention program for first-time offenders to three years of supervision and 50 hours of community service.

Though prosecutors let DiGirolamo plead guilty to a lesser charge -- a murder conviction could have brought him 30 years to life in prison -- Assistant Prosecutor Al Garcia said after the sentencing that they never believed the victim provoked DiGirolamo. Garcia said the deal was cut because key witnesses had not always been honest with investigators, which could have undermined their credibility before a jury.

Garcia said about the victim,“She was with the man she loved. She was with her son. On that day Amy thought she was going to start a new life. She thought she was going to get a new job and a new apartment. But the defendant destroyed those dreams.” 

Just before sentencing, Judge Neafsey berated the defendant, saying about the dismemberment, "Even in death you did not give dignity to Amy Giordano...The time to show remorse and regret was after you killed her, not on your judgment day.”

Garcia said afterwards, "Justice was served, because he came into court and pled guilty. Usually they don't come in and plead guilty for 25 years.''

Marsha Kaller-Apter sent a latter to the court describing how the killing of her sister affected her life. Part of the letter stated  "There is a spot in my life that can't be filled...That was Amy's spot...I don't know what you were thinking and to tell you the truth I don't really care. You killed my sister and left my nephew for dead. HOW CAN YOU DO THAT!!!??? ... How can you even think of hurting someone so small and sweet.''

Jerome Ballarotto stated that before the internet search evidence, his client intended to go to trial, but now he'll appeal. "But considering that the judge was going to allow the jury to see that evidence, my client made a decision not to take the risk of a jury finding him guilty of planning to kill her.”

[Assistant Prosecutor Thomas]Meidt said the sentence marks the closure of one of the longest investigations in the Mercer County Prosecutor’s Office.

“It’s very satisfying,” Meidt said. “Sometimes you work a case for a long time and never solve it. This is a case where all the hard work paid off and we got a good disposition on it.”

Michael Girolamo was adopted by a relative on his father's side in 2008.

Oklahoma City serial rapist gets 5 life without parole terms

John Earl Stephney Jr, 33, was sentenced to five life without parole terms for the rapes of five women by
Judge Kenneth Watson on Friday, January 28, 2011. Stepney's guilty plea to the charges did not help him one iota at sentencing.

The judge was told he attacked the first rape victim as she slept in her apartment Nov. 17, 2008. Next, he attacked a woman walking home from work late Dec. 7, 2008.

His third victim was the woman who was doing Christmas shopping the afternoon of Dec. 23, 2008, at Penn Square Mall. His fourth victim was attacked Jan. 5, 2009, as she was doing laundry at her apartment complex.

The fifth victim was attacked on Jan. 7, 2009, as she was vacuuming her car at a car wash. She told police the rapist said, “Maybe next time your husband will come wash your car.” Stepney was arrested the next day.

Stepney forced two victims to let him withdraw cash at ATMs from their bank accounts, according to the police reports and court records. In his attacks, he threatened the women with a BB gun that looked like a real handgun, prosecutors said.

The third victim read an impact statement to the court. “Things are still not back to my ‘normal.' I do not ever sleep well. I hear every little noise and I am jolted awake multiple times every night. Every time I have to walk to my car alone I have such pain and tightness in my chest is it almost unbearable.”

According to police reports, when Stephney saw his victim was looking away, he said “What are you doing not paying attention?" The victim said when she did look at him, he said “Don't look at me. Do you want a .45 bullet to your head?”

Judge Watson said that  if the victim had been his daughter, “I wonder if I could let the penitentiary take care of it rather than taking care of it myself.”

As for Stepney, he made no statement during sentencing, but in a pre sentence report he said "I made some bad decisions. I have wrecked lives including my own. I have always had a problem with pornography.”

He also said he was using drugs when “my crimes happened.” He said, “The drugs make you feel like you must have everything you want. They take over you. … All I can really ask for is to be forgiven.”

Stepney's bad decisions have exacted a heavy price on his life and the lives of his victims. Forgiveness will not come from the people of Oklahoma, but perhaps, one day, may come from God .

Mother of two boys gets justice - ex-husband sentenced to 6 years for forced oral copulation

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Wife gets too light sentence for running over and killing husband during drunken argument

A wife who ran over her husband during a drunken argument, killing him, was sentenced to 1 to 3 years in prison by Rockland County County Court Judge Charles Apotheker on January 3, 2011. 33 year old Kelly McElroy of Stony Point, NY, faced a maximum of 7 years for 2nd degree vehicular manslaughter, a sentence that the victim's family wanted. After last October's guilty plea to the vehicular manslaughter charge and a DWI, Judge Apotheker promised a maximum of three years.

In the early morning of January 24, 2010, Kelly McElroy and her husband, Glenn, 26, left a pub and drove home. During a heated argument, the husband got out of the car and Mrs. McElroy, who had a blood alcohol level of 0.16 percent, struck Glenn.

Emergency responded found him unconscious with severe head injuries. He died on January 30 at Nyack Hospital when he was removed from life support.

Rockland District Attorney Thomas Zugibe said his office “ believe[s] that the ends of justice have been served.”

However, local opinion suggested that McElroy's sentence was too light.

Stony Point Mom asked,  How can the judge "promise" three years and consider less? That doesn't sound like a promise - it sounds like no justice for Glenn and his family...It's hard to understand how you can be drunk, kill someone's son (and the father of your children) and get away with a slap on the wrist.

Another local said,

What is a human life worth these days? For Rockland County Court Judge Charles Apotheker the answer is 1 to 3 years in prison. Apotheker said that Kelly McElroy, a woman who ran over her husband while driving with a blood-alcohol level of 0.16, will have to, one day, answer to a "higher authority." That's all well and good but Judge Apotheker represents a higher authority in this life. McElroy pleaded guilty in October to second-degree vehicular manslaughter and driving while intoxicated.

Apotheker should be held accountable for this absurd sentence that does not in any way equate to the loss of a young man's life.

Frank DeGennaro


Nanuet

Duke lacrosse accuser charged with attempted murder of "boyfriend", convicted on misdemeanor counts

(Original post 2-19-10)
The Duke Lacrosse accuser has been charged with serious offenses of her own, including arson and the attempted murder of her "boyfriend." 31 year old Crystal Mangum attacked her "boyfriend" and set his clothes on fire while her three children were inside, according to an arrest warrant handed out Wednesday night.

According to the arrest warrant, Mangum scratched, punched, and threatened her "boyfriend," Milton Walker after he decided to break up with her. Mangum's 9 year old daughter called 911.

After picking up the remains of his clothes, the victim said, "I don't know what she was thinking, sometimes she does things without thinking...I believe Crystal is a good person, so there's no problem. We were friends before so I hope everything works out for the best,"

In March 2006, Mangum accused three Duke lacrosse players of raping her at a party where she was hired to strip. The case gained national attention. In April 2007, all charges were dropped by Attorney General Roy Cooper. The case also led to Durham District Attorney Mike Nifong being disbarred. Mangum later released a book entitled "The Last Dance for Grace: The Crystal Mangum Story."

Mangum is currently being held on $1 million bond. Her official charges are 5 counts of arson, 3 counts of misdemeanor child abuse, attempted first degree murder, assault and battery, identification theft, communicating a threat, injury to personal property, and resisting [a] public officer.

(Update 1-7-11 - mistrial on arson charges) Last month on December 16, Mangum was found guilty of injury to personal property, child abuse, and resisting an officer. Superior Court Judge Abe Jones sentenced her to 88 days in jail - time she had already served. Jurors deadlocked 9 to 3 in favor of a non guilty verdict on the 1st degree arson charge. Three of those jurors believed Mangum was guilty of being reckless in setting fire to the "boyfriend"'s clothing.

Supporter Victoria Peterson reiterated a claim by the Friends of Crystal Mangum that authorities were punishing Mangum for accusing Duke lacrosse players of rape in 2006. Mangum was retaliating against her boyfriend, Milton Walker, for allegedly punching her in the face; Walker was never charged. "It's a victory," Peterson said of the judge and jury's decisions.

Over the past 10 months, Peterson and others have complained about Mangum's treatment, which included an attempted murder charge, $1 million bond, the 88 days in jail and a no-contact order with her children."There did seem to be a lot of severe charges for what the evidence showed," said jury forewoman Shauna Mitchell.

Meanwhile, Durham County prosecutor Mark McCullough will decide later this month whether to retry Mangum on the 1st degree arson count.