Sixteen-year-old boy gets probation for rape

By Amaris Elliott-Engel / The Citizen

Friday, November 4, 2005 9:38 AM EST

AUBURN - A “lifelong” friendship was disrupted when a 16-year-old boy raped his 15-year-old friend, lawyers said during Weedsport resident Christopher Phelps's sentencing in Cayuga County Court Thursday.
Christopher Phelps, 16, of 8755 S. Seneca St., Weedsport, was sentenced to 10 years probation for the felony charges of third-degree criminal sex act and third-degree rape. He will serve the first 30 days in Cayuga County Jail and serve the next five months in a work release program at the jail.

Phelps raped and sexually abused the girl while they were working on preparations for a talent show in the Weedsport School District.

A permanent order of protection was granted to the victim, including the requirement Phelps go to school in a different location.

“This girl should never have to see you as long as she lives if she doesn't want to,” Cayuga County Judge Peter Corning said.

As Phelps looked toward the courtroom audience - where the victim of his crime sat - he said he was sorry for what he had done.

Phelps' attorney, Emil Rossi, pointed to his client's Attention Deficit Hyperactivity Disorder as a factor in the assault.

Before granting Phelps youthful offender status, Corning asked Chief Assistant District Attorney Jon Budelmann if he thought Phelps would sexually re-offend, and Budelmann said he couldn't be certain if a young man with “impulsivity” issues would not.

Also in court:

- Lillie Brown, 48, of Syracuse, was sentenced to two to four years in state prison for stealing more than $1,000 worth of goods from the JCPenney store at the Fingerlakes Mall. She was sentenced this week to 1 1/2 to three years for a similar crime in Seneca County. The two sentences will run at the same time.

- Kareem Davis, 20, of 10 McMaster St., Auburn, was sentenced to five years probation for the felony of fourth-degree conspiracy for his role in a Sheridan Street marijuana robbery March 2. Davis drove three co-defendants to 10 Sheridan St., knowing they intended to rob someone.

- Kevin Ferrin, 55, with the last known address of C-64 Brogan Manor, Auburn, pleaded guilty to the felony charge of second-degree attempted burglary. Ferrin admitted contemplating the burglary of a Route 38A Niles home in fall 2004 with two co-conspirators, but then backing off the plan because of the presence of too many people at the house.

Ferrin has been convicted of robbery or attempted robbery four other times, including a Cayuga County jury trial conviction for which he was sentenced 15 years to life.

Ferrin faces 3 1/2 to 7 years at his Dec. 15 sentencing, but the district attorney's' office won't pursue a persistent felony offender treatment, which could have landed him 15 years to life.

- Bradley Green, 48, of 2504 W. Main St., Cato, pleaded guilty to two misdemeanor charges of fourth-degree criminal possession of a weapon and fourth-degree criminal possession of marijuana. He admitted growing more than 13 ounces of marijuana and illegally possessing a .22-caliber Ivers-Johnson semi-automatic handgun March 19 at his residence in Cato.

- Christopher Poweski, 28, of 26 John Smith Ave., Auburn, was sentenced to three years probation, two months in Cayuga County Jail and $2,000 in fines for the misdemeanor charges of driving while intoxicated and second-degree aggravated unlicensed operation.

Poweski drove drunk and without a license at the intersection of Cayuga and North Main streets in Moravia at 12:38 a.m. April 10.

The sentence will allow Poweski to keep his EKG technician position at an area hospital. Poweski said he quit drinking five months ago and began a relationship with a woman he met at Alcoholics Anonymous meetings.

“At best (he's a) functioning alcoholic,” his attorney Dennis Sedor said, noting many of his arrests involved alcohol and marijuana. Poweski was convicted of two prior drunk driving misdemeanors in 2002, among others.

- Brothers Chris Shaffer, 21, of 187 Cottage St., Apt. D, Auburn, and Steven Shaffer, 19, of North Main Street, Port Byron, pleaded not guilty to a felony charge of aggravated cruelty to an animal. The Shaffers are accused of kicking and stomping a cat to death Sept. 19 at the corner of Seymour and Washington streets. Chris Shaffer is also charged with making a false written statement to police.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net

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