Man gets prison time after chasing, beating woman

By Christopher Caskey / The Citizen

Wednesday, January 23, 2008 9:19 AM EST

AUBURN - An Auburn man will serve prison time for chasing and hitting a woman who had an order of protection against him.
Anthony Daniels, 28, of 47 Wall St., Auburn, was sentenced Tuesday in Cayuga County Court to 1.5 to three years in prison. Daniels pleaded guilty Nov. 27, 2007, to first-degree criminal contempt, a felony. He admitted that he violated an order of protection by visiting a woman's home on March 27, chasing her on foot when she left the residence and striking her.

Daniels also admitted Tuesday that the guilty plea made him a second-felony offender. He was convicted in March 1999 of third-degree robbery and sentenced at the time to one to four years in prison, according to District Attorney Jon Budelmann.

Judge Mark Fandrich issued a permanent order of protection for the victim, and Daniels will have to pay $320 in charges and fees.

Before Fandrich announced the sentence, Budelmann said that Daniels seemed to minimize the incident during the pre-sentence investigation.

“This involved a chase and a beating,” Budelmann said in court.

But defense attorney Douglas Bates said that the victim still corresponds with and professes her love for Daniels, and that when she testified about the incident to the grand jury, she did it “reluctantly.”

Daniels apologized in court before hearing the sentence.

“I knew I was wrong for going there,” he said.

Also in court:

• A Weedsport man waived prosecution by indictment before pleading guilty to third-degree rape. George Burgman, 29, of 1157 North Seneca St., admitted that he had sexual intercourse in August 2007 with a 15-year-old girl. He was 28 at the time, he said.

Budelmann said he would be recommending no more than one to three years in prison for the guilty plea.

Burgman is scheduled to be sentenced March 11.

• Charles Allen, 20, of 2465 Dublin Road, Auburn, waived prosecution by indictment before pleading guilty to third-degree burglary. Allen admitted in court that he acted as driver during a November 2006 burglary at Combat Zone Paintball on Gates Road in Sennett.

Approximately $1,300 worth of paintball guns and supplies were stolen during the burglary, according to authorities.

Budelmann will recommend a sentence of either shock probation or a year in Cayuga County Jail, as well as an amount of restitution, Budelmann said.

Allen is scheduled for sentencing March 18.

• A Savannah man who admitted to selling 28 grams of marijuana in December 2006 in Weedsport will likely serve no more than six months in jail. David Campbell, 26, pleaded guilty to third-degree criminal sale of marijuana, a felony.

Budelmann said in court that he will recommend a sentence of shock probation - six months in county jail and 4.5 years of probation - and an amount of restitution in exchange for the plea. Campbell is scheduled to be sentenced March 11.

• Fandrich said he will wait another week before assigning Kevin Shwaryk a sex offender risk level due to disagreements between the defense and prosecution over numerous points in the assessment.

Shwaryk, 58, whose last known address is 17 Morris St., Auburn, was sentenced in September 2005 to 1 1/3 to four years in state prison for possession of a hard-copy pornographic picture of an underage child engaged in a sexual act. His next court date is scheduled for Jan. 29.

Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net.

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