Dec 11, 2013 Jason Emerson Uncategorized
The man police suspect to be the Cazenovia “exercise stalker” has been arrested, arraigned and is currently in Madison County Jail.
Daryl T. Anthony, 45, of Oneida, was taken into custody by Madison County Sheriff’s Office investigators on Tuesday, Dec. 10, and charged with one count of criminal nuisance in the second degree, a class B misdemeanor. Anthony was arraigned in Cazenovia Village Court before Acting Justice Patrick J. O’Sullivan and ordered held in lieu of $2,500 cash or $5,000 bond bail.
Anthony’s arrest was the result of a joint investigation by the Cazenovia Police Department, New York State Police and the Madison County Sheriff’s Office.
The charge against Anthony stems from incidents that allegedly occurred in the town of Cazenovia from June to October of this year in which a person in an orange vehicle was following women as they walked or bicycled on various town roads.
Cazenovia police received numerous tips concerning the alleged stalker once the case was made public, but the break in the investigation came after a Cazenovia citizen observed an orange vehicle with its rear hatch open following a woman riding a bicycle in the village heading into the town of Cazenovia. The citizen contacted Cazenovia police and Anthony was subsequently stopped by the Cazenovia police and identified. Anthony was interviewed by state police and county sheriff’s investigators due to the fact that all of the incidents occurred in the town of Cazenovia.
At the Dec. 10 arraignment in village court, Anthony, handcuffed, was brought in by two county sheriff’s investigators. Anthony’s mother accompanied them into the courtroom.
O’Sullivan, stating the alleged facts of the case, said that the criminal nuisance charge against Anthony was the result of him allegedly following approximately 10 adult women while they exercised in the town of Cazenovia on West Lake, East Lake, Chard, Ridge and Lincklaen roads. He is alleged to have been driving his orange 2008 Hyundai Accent during this incidents, and that he drove with the rear hatch open in order to obscure his rear license plate. According to the charges, Anthony was allegedly performing a lewd act while he followed the women in his car.
Under state penal law, the charge of criminal nuisance in the second degree means a person “knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons.” A conviction on a class B misdemeanor can hold a penalty of imprisonment for a definite sentence of not more than three months in jail.
The fact that Anthony was charged with only one count of criminal nuisance even though are 10 stalking incidents in the case does not mean that additional charges will not be filed, said Cazenovia Police Chief Michael Hayes.
“This is just the start of the case. It doesn’t mean investigation is completely done. There may be additional charges,” Hayes said.
Anthony appeared in court without an attorney and said he could not afford one. O’Sullivan entered a plea of ‘not guilty’ into the record, saying he would not accept a guilty plea until Anthony had an attorney. O’Sullivan also ordered that a public defender to be appointed to represent Anthony.
County Sheriff’s Office Investigator told the judge that the county district attorney recommended that Anthony be given bail in the amount of $2,500 cash or $5,000 bond.
“Given the fact that there are 10 alleged victims, I’m very concerned and I’m going to follow the DA’s recommendation,” O’Sullivan said.
O’Sullivan said he also was concerned about Anthony’s mental capacity to stand trial on the charge against him. During the proceeding, O’Sullivan asked Anthony if he understood the charges against him, that he was entitled to an attorney and bail was for, to which Anthony did not seem to fully comprehend.
“He may not understand everything I’m explaining to him,” O’Sullivan said to Anthony’s mother. “It may be prudent of me to order a mental exam to confirm he’s competent to stand trial.”
“I want assurances you understand the charges against you,” O’Sullivan told Anthony.
O’Sullivan then ordered that Anthony undergo a mental competency evaluation — called a 730 hearing — before his next appearance in Cazenovia Town Court on Dec. 18.
In addition, O’Sullivan issued four orders of protection against Anthony on behalf of four of the 10 alleged stalking victims who asked that such orders be issued. The orders, which state that Anthony cannot approach, contact or communicate with the four women or their family, friends or any possible witnesses in the case, will be in effect until June 2014.
“Obviously we’re delighted [by the arrest],” said Cazenovia Mayor Kurt Wheeler. “We take great pride in the safety of the community and anything that threatens that is taken very seriously. To have this person off the streets is a huge relief.”
Hayes said he wants to thank all members of three agencies involved in the investigation for the hard work that was put into this case and the cooperation of the public. He said this is an excellent example of interagency cooperation and assistance from the public.
Jason Emerson is editor of the Cazenovia Republican. He can be reached at firstname.lastname@example.org.
Jason Emerson is editor of the Cazenovia Republican and Eagle Bulletin newspapers.