By Lauren Young
Staff Writer
Two Cazenovia High School students indicted on a total of 11 criminal counts after allegedly filming a special needs student using a school urinal were recently arraigned in court — both pleading not guilty to all charges.
Andrew Peterson, 17, and Christopher Sparks, 16, both plead not guilty during separate arraignments held by Judge Patrick J. O’Sullivan at the Madison County Court at 181 Kenwood Avenue in Oneida on Aug. 29. Last May, both teenagers were arrested and charged with several felony and misdemeanor charges for allegedly recording and distributing a video to 36 other people on Snapchat of a special needs student using the urinal.
Earlier this month, a Madison County grand jury indicted the two teenagers. (Click here for previous story)
According to court records, Andrew Peterson 17, of Cazenovia, was indicted on six criminal counts on Aug. 16, 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.
Christopher Sparks, 16, of Cazenovia, 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.
Peterson and Sparks were two of three Cazenovia High School students arrested for allegedly taking and disseminating the cell phone video on May 22. The third suspect arrested in the case, a 16-year-old male from Peterboro, was not included in the grand jury indictments. According to Madison County Assistant District Attorney Robert Mascari, the suspect “took full responsibility for his actions,” cooperated with the investigation and will receive a Youthful Offender status as part of his disposition.
During Peterson’s arraignment on Aug. 30, Second Assistant District Attorney Elizabeth Healy, representing the People of New York, cited a clerical error on Peterson’s court record — he was reported as being charged with unlawful surveillance in the first degree, when it should be in the second degree, a lesser charge. The judge noted the error and amended the charge.
Peterson was released on his own recognizance with no bail set, and his next court appearance is scheduled for 10:30 a.m. Thursday, Nov. 1, at where he will hand in his pre-plea report.
Sparks was also released on his own recognizance with no bail set, and his next court appearance is scheduled for 9:30 a.m. Thursday, Nov. 1, for a motion hearing.
Both teens had temporary orders of protection issued against them, requiring them to stay away from the victim and his home, and prohibiting them from contacting him via any forms of communication. They were granted “incidental contact,” which means they can pass by the victim in the hallway in school but must keep walking without looking at him or making a comment.
“I want this defendant to continue to be able to go to school and get an education,” said O’Sullivan at the Peterson arraignment. “Right now, you’re under a microscope. You make sure you do what you have to do — go to classes and avoid being around this individual.”
