AUBURN - A hunter who shot his friend while deer hunting pleaded guilty in Cayuga County Court Tuesday to a felony charge of criminally negligent homicide.
Thomas Calescibetta Jr., 40, of 8386 West Loop Road, Port Byron, admitted his role in the accidental shooting death of Jerry Sylvester, 44, last Dec. 9 behind Sylvester's house on State Street Road in Throop.
"It's the correct outcome," Cayuga County District Attorney James Vargason said.
"Mr. Calescibetta was criminally negligent in failing to identify what he was shooting at, knowing that his hunter partner, dressed in camouflage, was in the area."
The prosecution contended Calescibetta shot at what he thought - but was not certain - was a deer, while he knew his hunting companion was in the same area he was aiming at, and while he knew his friend was not garbed in orange safety gear.
"The message I want to send out to hunters out there is you have to be sure of your target before you pull the trigger because you will be held accountable," said Cayuga County Sheriff Rob Outhouse, whose agency conducted the investigation into Sylvester's death.
On the day of Sylvester's death, Calescibetta called the 911 dispatcher to summon help. Sylvester was shot from about 100 feet in an area on the east side of the Owasco Outlet, about a quarter-mile from his house. Sylvester was pronounced dead at the scene of an apparent shotgun slug that entered his shoulder and exited the other side.
Calescibetta's case had been slated to go to trial last month, but motions brought by Calescibetta's lawyer, James Leone, to dismiss the grand jury indictment charging Calescibetta were denied in October by Judge Mark Fandrich.
At that conference, "we won all of our legal arguments," Vargason said. "That was our first victory in the case."
Leone did not return a call seeking comment.
Calescibetta's sentencing is scheduled for Jan. 4. He could face a range of sentences from a conditional discharge up to a maximum state prison term of 1 1/3 to four years.
Vargason said Fandrich indicated that he was considering a sentence of shock probation of five years, which would include a yet-to-be-determined component of incarceration ranging from homebound detention to incarceration on the weekends.
Also in county court:
• Steven Dolce, 52, of 4239 E. Genesee Street Road, Auburn, was sentenced to five years probation for a felony charge of fifth-degree criminal sale of a controlled substance. Dolce previously admitted that in April 2003 he sold $100 worth of crack cocaine in the town of Sennett. It was Dolce's first felony conviction, but he had prior misdemeanor convictions, including alcohol-related misdemeanors.
• Richard Simmonds, 22, of 79 Cottage St. Auburn, was sentenced to five years probation for a felony charge of third-degree attempted criminal sale of a controlled substance.
Simmonds' conviction involves his possession and sale of cocaine March 28 at an Auburn residence.
Simmonds has been successfully involved in a drug/alcohol in-patient program for the last few months, which was a condition for his bail to be reduced.
"Over the past eight and a half months, I realized what life was about, and drugs isn't one of them," Simmonds said.
"You're getting quite a break here," Fandrich said. The judge said he would sentence Simmonds to jail if he came back before him for a violation of his probation.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
"It's the correct outcome," Cayuga County District Attorney James Vargason said.
"Mr. Calescibetta was criminally negligent in failing to identify what he was shooting at, knowing that his hunter partner, dressed in camouflage, was in the area."
The prosecution contended Calescibetta shot at what he thought - but was not certain - was a deer, while he knew his hunting companion was in the same area he was aiming at, and while he knew his friend was not garbed in orange safety gear.
"The message I want to send out to hunters out there is you have to be sure of your target before you pull the trigger because you will be held accountable," said Cayuga County Sheriff Rob Outhouse, whose agency conducted the investigation into Sylvester's death.
On the day of Sylvester's death, Calescibetta called the 911 dispatcher to summon help. Sylvester was shot from about 100 feet in an area on the east side of the Owasco Outlet, about a quarter-mile from his house. Sylvester was pronounced dead at the scene of an apparent shotgun slug that entered his shoulder and exited the other side.
Calescibetta's case had been slated to go to trial last month, but motions brought by Calescibetta's lawyer, James Leone, to dismiss the grand jury indictment charging Calescibetta were denied in October by Judge Mark Fandrich.
At that conference, "we won all of our legal arguments," Vargason said. "That was our first victory in the case."
Leone did not return a call seeking comment.
Calescibetta's sentencing is scheduled for Jan. 4. He could face a range of sentences from a conditional discharge up to a maximum state prison term of 1 1/3 to four years.
Vargason said Fandrich indicated that he was considering a sentence of shock probation of five years, which would include a yet-to-be-determined component of incarceration ranging from homebound detention to incarceration on the weekends.
Also in county court:
• Steven Dolce, 52, of 4239 E. Genesee Street Road, Auburn, was sentenced to five years probation for a felony charge of fifth-degree criminal sale of a controlled substance. Dolce previously admitted that in April 2003 he sold $100 worth of crack cocaine in the town of Sennett. It was Dolce's first felony conviction, but he had prior misdemeanor convictions, including alcohol-related misdemeanors.
• Richard Simmonds, 22, of 79 Cottage St. Auburn, was sentenced to five years probation for a felony charge of third-degree attempted criminal sale of a controlled substance.
Simmonds' conviction involves his possession and sale of cocaine March 28 at an Auburn residence.
Simmonds has been successfully involved in a drug/alcohol in-patient program for the last few months, which was a condition for his bail to be reduced.
"Over the past eight and a half months, I realized what life was about, and drugs isn't one of them," Simmonds said.
"You're getting quite a break here," Fandrich said. The judge said he would sentence Simmonds to jail if he came back before him for a violation of his probation.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
The Citizens' Say
There are No comments posted.