By Jason Emerson
The two Cazenovia teens indicted in August on multiple felony and misdemeanor charges related to the filming and dissemination of a video showing a special needs student using a high school urinal pleaded guilty to one felony charge each during separate appearances in county court on Nov. 1.
Andrew Peterson 17, of Cazenovia, and Christopher Sparks, 16, of Cazenovia, both accepted plea deals offered by the Madison County District Attorney’s Office admitting to one felony charge each, in exchange for receiving sentences of probation, community service and potential Youthful Offender status for their criminal records.
Last May, both teenagers were arrested and charged with 11 total felony and misdemeanor charges between them for recording and distributing a video to 36 other people on Snapchat of a special needs student using the Cazenovia High School urinal.
According to court records, Peterson was indicted on six criminal counts, including Class E felony charges of unlawful surveillance in the first degree, two counts of dissemination of an unlawful surveillance image in the first degree and endangering the welfare of an incompetent/physically disabled person in the first degree. He was also indicted on Class A misdemeanor charges of dissemination of an unlawful surveillance image in the second degree and endangering the welfare of an incompetent/physically disabled person in the second degree.
Sparks, was indicted on five criminal counts, including Class E felony charges of dissemination of an unlawful surveillance image in the first degree (two counts) and endangering the welfare of an incompetent/physically disabled person in the first degree. He was also indicted on Class A misdemeanor charges of dissemination of an unlawful surveillance image in the second degree and endangering the welfare of an incompetent/physically disabled person in the second degree.
The two teens both plead not guilty during their August arraignments, were released on their own recognizance and had temporary orders of protection issued against them, requiring them to stay away from the victim.
At the Nov. 1 appearance before Judge Patrick J. O’Sullivan at the temporary Madison County Court at 181 Kenwood Avenue in Oneida, Peterson, accompanied by his parents, pleaded guilty to unlawful surveillance in the second degree, a Class E felony. Peterson admitted in court, under oath, that on May 22 he “surreptitiously” recorded a video of the 17-year-old victim, a special needs student, in the Cazenovia High School restroom without the victim’s knowledge or consent.
Peterson verbally pleaded guilty to the charge and agreed to the DA’s offer of one year on interim probation and, if he is successful in not violating that probation, he will be granted Youthful Offender status, meaning that his criminal record will be sealed and does not have to be reported on any future applications for school or work. The plea deal also included a continuation of the order protection against Peterson, requiring him to stay away from the victim in the case.
“Interim probation is not easy,” O’Sullivan told Peterson in court. “It’s important that you do everything that needs to be done.”
Interim sentencing for Peterson was scheduled for 2 p.m. Wednesday, Nov. 28, in county court.
O’Sullivan said that if Peterson fails to abide by the conditions of the plea agreement between now and his sentencing date, the court is not bound by the plea agreement and he can revoke the Youthful Offender offer and sentence Peterson to serve time in state prison. “You don’t want that to happen,” he said.
Peterson was then released on his own recognizance.
Sparks appeared separately before O’Sullivan on Nov. 1 in county court, accompanied by his parents, and pleaded guilty to one count of endangering the welfare of an incompetent/physically disabled person in the first degree, a Class E felony. Sparks admitted in court, under oath, that on May 22 he acted “knowingly” in a way that endangered the welfare of an incompetent/physically disabled person, specifically the victim in this case.
Sparks verbally pleaded guilty to the charge and agreed to the DA’s offer of five years of probation and 100 hours of community service. The plea deal also included potential Youthful Offender status for Sparks and a continuation of the order protection against him, requiring him to stay away from the victim in the case.
The plea also covered a separate misdemeanor charge against Sparks in the village of Cazenovia for contempt, after he was arrested Sept. 15 for violating the order of protection against him by the victim in the case.
“Do not minimize or change the version of events of what happened here today. If you deviate from that, we’re going to have a problem,” O’Sullivan told Sparks. “This is not school, you are in the judicial system. If you screw this up it will have a monumental effect on your life.”
Sentencing for Sparks was scheduled for 9:30 a.m. Thursday, Jan. 31, in county court.
O’Sullivan said that if Sparks fails to abide by the conditions of the plea agreement between now and his sentencing date, the court is not bound by the plea agreement and he can revoke the Youthful Offender offer and sentence the teen to serve time in state prison.
“If you violate this, I’m telling you, I’m not going to give you pity,” O’Sullivan said.
Sparks was then released on his own recognizance.
