Murderer admits throwing feces, urine at guard

By Amaris Elliott-Engel / The Citizen

Wednesday, October 27, 2004 10:08 AM EDT

AUBURN - A convicted murderer pleaded guilty in Cayuga County Court Tuesday to throwing urine and feces at an Auburn Correctional Facility employee while passing garbage out of his cell.
Michael Depallo, 26, was incarcerated in the Auburn state prison in special housing with a Plexiglas cell front - instead of bars - because of an alleged past history of throwing human waste at corrections officers.

While passing garbage through the "feed up tray" in his cell, through which paperwork, garbage and trays of food are passed to inmates, Depallo admittedly threw a cup of feces and urine, which soiled the employee's uniform.

Depallo is currently being held at the Southport Correctional Facility in Chemung County. In addition to his current convictions, Depallo will likely face a 1 1/2 to 3-year sentence for a Dec. 21, 2003, conviction of aggravated harassment of a corrections employee. Sentencing was scheduled for Nov. 30.

Depallo, originally from New York City, was convicted in Staten Island in 1998 on two felony counts of second-degree murder, two counts of first-degree robbery, two counts of first-degree burglary and one count of second-degree robbery.

Also in court:

• Thomas Calescibetta, Jr., 40, of 8386 West Loop Road, Port Byron, was in court for consideration of motions filed by his lawyer, James Leone, regarding a charge of criminally negligent homicide.

Two of Leone's motions to dismiss the grand jury indictment charging Calescibetta were denied by Judge Mark Fandrich.

Calescibetta allegedly shot and killed Jerry Sylvester, 44, Dec. 9, 2003, while the two of them were hunting deer behind Sylvester's house on State Street Road.

Another conference in the case is scheduled for next month, before the case goes to trial.

• Ellis Dudley, 34, of Syracuse, was sentenced to two to six years in prison for a felony charge of third-degree criminal sale of a controlled substance.

On Sept. 17, 2003, Dudley sold crack cocaine to a police informant while out on bail pending sentencing for a prior drug charge. He also was convicted last year of fifth-degree criminal sale of a controlled substance for selling crack cocaine for $100. Dudley was sentenced two to six years for that charge and served shock camp for a little more than six months.

Dudley said shock camp helped him confront his denial about his drug use and drug dealing, so that since his release in April he had been volunteering with community organizations, was gainfully employed, avoided association with drug dealing and consistently attended Narcotics Anonymous meetings.

The handcuffed Dudley carried a bag of clothes and a Bible in his hands as corrections officials led him out of the courtroom.

• Thomas Risley, 26, of 75 Third Drive, Green Acres Trailer Park, Weedsport, pleaded guilty to a felony charge of second-degree criminal sale of marijuana. Risley admitted that he gave a quantity of marijuana to a 17-year-old May 13 while smoking a bowl of marijuana with her. Risley was initially indicted by a grand jury on three other counts of endangering the welfare of a child, unlawful possession of marijuana and seventh-degree criminal possession of a controlled substance.

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