Tags Posts tagged with "Rape"

Rape

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Derrick Clancy

Derrick Clancy is Expected to be Sentenced to 22 Years to Life in Prison at Sentencing

Suffolk County District Attorney Raymond A. Tierney announced on April 30 that Derrick Clancy, 43, pleaded guilty to burglary, sexual abuse, and other related charges, for breaking into the homes of two elderly women in Mastic Beach and sexually assaulting them.

“This defendant preyed on and violated two elderly women while they were supposed to be in the safe harbor of their own homes,” said District Attorney Tierney. “Thanks to the great work of the Suffolk County Police Department officers and task force members, this defendant will no longer be able to harm Suffolk County residents.”

According to the investigation and the defendant’s admissions during his guilty plea allocution, during the early morning hours on October 10, 2023, Clancy broke into a Mastic Beach home where his first victim, a woman over 70 years old, was inside alone. To get inside the home, Clancy cut a hole in a window screen and climbed through the window. Clancy then physically and sexually abused the victim while repeatedly claiming he had a knife. Following the abuse, the victim pressed her medical alert system button for help, and Clancy fled the home. The victim was treated at a local hospital for her injuries.

The second attack occurred during the early morning hours of October 17, 2023, when a woman over 70 years old heard a noise coming from a closet inside her home. When the victim looked in the closet, she saw Clancy coming into her home through a window in the closet. Clancy then physically and sexually abused the victim. Clancy fled the victim’s home, and she immediately called 911. The victim was then treated at a local hospital for her injuries.

Following an investigation by the Suffolk County Police Department, United States Marshals Service’s New York/New Jersey Regional Fugitive Task Force including District Attorney Investigators, and investigators with the New York State Department of Corrections and Community Supervision, Clancy was arrested on October 21, 2023, and detectives recovered the mask and knife that Clancy had used during the first burglary.

On April 30, 2024, Clancy pleaded guilty to the following charges contained in the indictment before Acting Supreme Court Justice Karen M. Wilutis:

  •   Two counts of Burglary in the First Degree, Class B violent felonies;
  •   Two counts of Sexual Abuse in the First Degree, Class D violent felonies;
  •   Two counts of Assault in the Second Degree, Class D violent felonies; and
  •   Two counts of Criminal Obstruction of Breathing or Blood Circulation, Class A

    misdemeanors.

    Clancy is due back in court on June 21, 2024, for sentencing and is expected to be sentenced to 22 years to life in prison. He is being represented by Christopher Brocato, Esq.

    The case is being prosecuted by Assistant District Attorney Tara O’Donnell and Jacob DeLauter of the Major Crime Bureau and Detectives Michael Langella and Erik Pedersen of the Suffolk County Police Department’s Seventh Squad.

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Ray Tierney will run for Suffolk County district attorney this November on the Republican and Conservative tickets. Photo from Tierney’s office

Suffolk County District Attorney Raymond A. Tierney announced on Feb. 27 that Hayden Daley, 28, of Deer Park, was indicted for Rape in the Second Degree and other related charges, for allegedly repeatedly raping a 13-year-old child who was a resident of the WellLife Network in Dix Hills while he was employed there.

“Children, particularly those who are vulnerable due to their life circumstances, deserve the utmost protection,” said District Attorney Tierney. “My office is committed to holding accountable anyone who abuses their position of authority to sexually exploit others.”

According to the investigation, in May 2023, Daley was a Child Support Professional at the WellLife Network, a residential facility for children operated by the New York State Office of Mental Health. Over the course of several months, Daley allegedly subjected the 13-year-old victim to numerous acts of sexual abuse which occurred both inside and outside of the group home. After Daley learned that he was under investigation for these alleged crimes, he quit his job at the WellLife Network. However, Daley allegedly continued to meet the victim outside of the group home on various occasions and sexually abused her.

On January 20, 2024, Daley allegedly drove to the group home and attempted to pick up the victim in his car, but an employee at the facility called the police. When the police arrived, they placed Daley under arrest.

On February 26, 2024, Daley was arraigned on the indictment before County Court Judge, the
Honorable Karen M. Wilutis, for the following charges:
 Five counts of Rape in the Second Degree, Class D felonies;
 Eight counts of Criminal Sexual Act in the Second Degree, Class D felonies;
 One count of Rape in the Third Degree, a Class E felony;
 Three counts of Criminal Sexual Act in the Third Degree, Class E felonies;
 Two counts of Sexual Misconduct, Class A misdemeanors; and
 One count of Endangering the Welfare of a Child, a Class A Misdemeanor.

Judge Wilutis ordered Daley to be held on $80,000 cash, $160,000 bond, or $800,000 partially secured bond during the pendency of the case. Daley is due back in court on April 1, 2024, and is being represented by Robert Macedonio, Esq.

This case is being prosecuted by Assistant District Attorney Katherine Flinchum of the Child Abuse and Domestic Violence Bureau with investigative assistance from Detective Matthew Garcia of the Suffolk County Police Department’s Second Squad.

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Arthur Oneal

Arthur Oneal Allegedly Recorded Himself Raping a Woman While She Was Unconscious

Suffolk County District Attorney Raymond A. Tierney announced on Feb. 24 that Arthur Oneal, 36, of Centereach, was indicted for Rape in the First Degree and Sexual Abuse in the First Degree, for allegedly drugging and then raping a woman while he recorded the incident.

“Accountability for perpetrators of sexual abuse is not just a legal obligation, but also a moral one,” said District Attorney Tierney. “My office will do everything in its power to ensure that those who commit such heinous acts are held accountable, not just for the sake of justice, but to protect and empower survivors and to send a clear message that these crimes will not be tolerated in Suffolk County.”

According to the investigation, on December 9, 2023, Oneal allegedly brought the victim to his home in Centereach after drugging her with a sleep-aid while they were having drinks in Huntington. The defendant then allegedly sexually assaulted the victim until she lost consciousness. The victim later woke up in a bed next to Oneal and saw blood on the sheets. The victim went to a local hospital where a SANE examination was performed, which concluded that the victim had suffered recent sexual abuse. The Suffolk County Office of the Medical Examiner tested a sample of the victim’s urine, which revealed that Zolpidiem, commonly known as Ambien, was present. The victim did not voluntarily ingest Ambien at any time prior to the urinalysis.

During law enforcement’s investigation, detectives recovered videos and images from Oneal’s cell phone which allegedly depict the victim being sexually assaulted by the defendant while she was unconscious. Detectives also allegedly recovered bloody sheets and multiple pairs of women’s underwear from Oneal’s home.

On February 23, 2024, Oneal was arraigned on the indictment before County Court Judge, the Honorable Karen M. Wilutis, charging him with one count of Rape in the First Degree, a Class B violent felony, and one count of Sexual Abuse in the First Degree, a Class D violent felony. Judge Wilutis ordered Oneal held on $500,000 cash, $1,000,000 bond, or $5,000,000 partially secured bond during the pendency of the case. Oneal is due back in court on March 11, 2024, and he is being represented by Michael Elbert, Esq.

This case is being prosecuted by Aileen E. Iorio of the Major Crime Bureau with the investigation conducted by Detective Anthony Parenti of the Suffolk County Police Department’s Sixth Squad.

If you or someone you know believe you have been victimized by Arthur Oneal, please contact the Suffolk County Police Department, the Suffolk County District Attorney’s Office, or Crime Stoppers at 1-800-220-TIPS.

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Suffolk County District Attorney Ray Tierney. Photo from Tierney's office

Suffolk County District Attorney Raymond A. Tierney announced on Sept. 22 that Rupert Cruz, 63, of Coram, was indicted for Predatory Sexual Assault, Rape, Sexual Abuse, and Strangulation, after he allegedly raped a woman to whom he had offered a ride home after being discharged from a hospital.

“This defendant allegedly preyed on the victim in order to violate her,” said District Attorney Tierney. “We will pursue justice for the victim by making sure her alleged attacker is held responsible and taken off the streets so he can no longer harm others.”

According to the investigation, Cruz allegedly met the 32-year-old victim in June 2023 while they were both patients at St. Charles Hospital in Port Jefferson. When both Cruz and the victim were being discharged, Cruz offered the victim a ride home and she accepted. While the victim was in Cruz’s vehicle, he allegedly gave her a drink from an opened soda can.

Shortly after they left the hospital and while Cruz was still driving, Cruz allegedly began making sexual advances towards the victim, which she rejected. The victim’s friend called her during the time she was struggling with the defendant, and she could allegedly hear the victim screaming for help before the victim’s cell phone fell in between the seats of the vehicle.

Cruz allegedly picked the victim up from the passenger seat and forced her on top of him while he was still seated in the driver’s seat. The victim did not remember anything after that and woke up naked the following morning in a wooded area at Bartlett Pond Park in Middle Island. The victim was in pain, with scratches and bruises on her body, red marks on her neck, and broken blood vessels in her eye. The victim then located a few items of her clothing and left the park. The victim’s phone allegedly remained in Cruz’s vehicle until its battery died.

On June 15, 2023, the victim used a device finder through the Internet to locate her phone and allegedly traced it to Cruz’s residence in Coram. The victim reported the incident to the police, and Cruz was subsequently arrested on September 8, 2023.

On September 21, 2023, Cruz was arraigned on the indictment before County Court Judge, the Honorable Karen M. Wilutis, for the following charges:

  •   Predatory Sexual Assault in the First Degree, a Class A-II violent felony;
  •   Rape in the First Degree, a Class B violent felony;
  •   Sexual Abuse in the First Degree, a Class D violent felony; and
  •   Strangulation in the Second Degree, a Class D violent felony. 

    Judge Wilutis ordered that Cruz be remanded without bail during the pendency of the case. Cruz is due back in court on October 4, 2023, and he is being represented by the Legal Aid Society.

    This case is being prosecuted by Assistant District Attorney Danielle Carter of the Major Crime Bureau, with investigative assistance from Detective Travis Pfeffer of the Suffolk County Police Department’s Sixth Squad.

Brian Dreher was arrested for having a relationship with a 16-year-old girl who was a student of his at Walt Whitman High Shool. Photo from SCPD.

Suffolk County Police arrested a Walt Whitman High School teacher Friday, May 26 who allegedly had an inappropriate relationship with one of his students in Huntington Station.

Special Victims Section detectives began an investigation into the conduct of a Walt Whitman High School teacher and discovered said he was having an inappropriate relationship with one of his 16-year-old female students. Detectives arrested Brian Dreher, 41, of East 17th St., Huntington Station, at his home at approximately 7:25 a.m.

Dreher, who teaches social studies at the school, located on West Hills Road in Huntington Station, was charged with third-degree rape, third-degree criminal sexual act and endangering the welfare of a child.

Detectives are asking anyone with information to contact Special Victims at 631-852-6531.

Dreher will be held at the Seventh Precinct and is scheduled to be arraigned at First District Court in Central Islip today. Attorney information on Dreher was not immediately available.

Francis Barrios mugshot from SCPD

A rapist was recently sentenced to 24 years in prison for an assault on a taxi driver this past winter.

Francis Barrios, 34, already a registered sex offender, pleaded guilty in March to raping the female driver after she picked him up one evening at John T. Mather Memorial Hospital in Port Jefferson.

During the Dec. 1 ride, authorities said, he beat and strangled her, causing the cab to crash into a fence on Mount Sinai-Coram Road in Mount Sinai. Then he sexually assaulted her, pulling her into the back seat and raping her.

Officers responded to the scene after a passing motorist called 911.

The Suffolk County Police Department has not identified the taxi company that the victim worked for, to protect her identity.

Police first identified Barrios as homeless, but the Suffolk County District Attorney’s Office has since said he is from Middle Island. He has also been identified by the names Francis Berrios and Francisco Barrios.

The offender pleaded guilty to first-degree rape in late March, and was then sentenced in late April to 24 years incarceration, as well as 20 years of post-release supervision.

Barrios was previously convicted as a violent offender in Suffolk County, for first-degree attempted rape. According to the New York State sex offender registry, where he is listed as a Level 3 sexually violent offender, Barrios was convicted in November 2004 for sexual contact with a 12-year-old girl, who was described as a “non-stranger” to him. He was sentenced to 42 months in state prison for that crime.

Francis Barrios mugshot from SCPD

A registered sex offender pleaded guilty on Monday to raping a female taxi driver in December during a trip that started in Port Jefferson.

The Suffolk County District Attorney’s Office said on Tuesday that 34-year-old Francis Barrios, of Middle Island, pleaded guilty to first-degree rape.

When the incident first occurred, on Dec. 1, authorities said the driver had picked up Barrios at John T. Mather Memorial Hospital that evening. During the trip he beat and strangled her, causing the taxi to crash into a fence on Mount Sinai-Coram Road in Mount Sinai. Barrios, who police said was homeless, then sexually assaulted the victim.

According to the DA’s office, he pulled her into the back seat and raped her.

Officers responded to the crash scene after a passing motorist called 911, police said at the time.

Police did not release the name of the taxi company, to protect the identity of the victim.

The DA’s office said Barrios was previously convicted as a violent offender in Suffolk County for first-degree attempted rape, and violated his parole. He was expected to be sentenced to 24 years in prison and 20 years of post-release supervision on April 20.

On the New York State sex offender registry, Barrios is listed as a Level 3 sexually violent offender who has also gone by the last name Berrios. He was convicted in November 2004 in relation to an incident of sexual contact earlier that year involving a 12-year-old girl, who was described as a “non-stranger” to Barrios. He was sentenced to 42 months in state prison.

By Elana Glowatz

Suffolk County is entering obscure territory this year as some sex offenders drop off the state registry and others have lost restrictions on where they can live.

Laura Ahearn has advocated for local governments to have the power to regulate where registered sex offenders live. File photo
Laura Ahearn has advocated for local governments to have the power to regulate where registered sex offenders live. File photo

It was exactly one year ago that the New York State Court of Appeals ruled that local laws restricting where sex offenders could live were invalid, following a lawsuit from a registered offender from Nassau County who challenged his own government’s rule that prohibited him from living within 1,000 feet from a school. Judge Eugene Pigott Jr. wrote in his decision that “a local government’s police power is not absolute” and is pre-empted by state law.

State regulations already prohibit certain sex offenders who are on parole or probation from living within 1,000 feet of a school or other child care facility, according to the New York State Division of Criminal Justice Services, but the local laws went further. In Suffolk County, Chapter 745 made it illegal for all registered sex offenders — not just those on parole or probation — to live within a quarter mile of schools, day care centers, playgrounds or their victims. But following Pigott’s decision, that law, while still technically on the books, is no longer enforceable.

To make matters more complicated, Jan. 1 marked the beginning of the end for some of the lowest level sex offenders on the state registry.

Offenders are grouped into one of three levels based on their perceived risk of committing another sex crime. On the lowest rung, Level 1 offenders who have not received special designations for being violent, being repeat offenders or having a “mental abnormality or personality disorder” that makes the person “likely to engage in predatory sexually violent offenses,” according to the Division of Criminal Justice Services, are only included on the registry for 20 years from their conviction. The New York State correction law enacting that system has just turned 20 years old, meaning the earliest offenders added to the registry are beginning to drop off.

The Sex Offender Registration Act obligates Level 2 and Level 3 offenders, as well as those with the additional designations, to remain on the registry for life, although there is a provision under which certain Level 2 offenders can appeal to be removed after a period of 30 years.

At a recent civic association meeting in Port Jefferson Station, Laura Ahearn from the advocacy group Parents for Megan’s Law — which raises awareness about sex crime issues and monitors offenders — gave examples of offenders set to come off the registry this year, including a man who raped a 4-year-old girl, and another who raped and sodomized a woman.

But it doesn’t stop there.

“It is thousands over time that are going to drop off,” Ahearn said.

A database search of Level 1 offenders along the North Shore of Suffolk County turned up many offenders who had been convicted of statutory rape or possession of child pornography, and who had served little to no time in jail. However, there were more serious offenses as well.

“You know when an adult man or an adult woman rapes a 4-year-old, that is just shocking. That [should be] a lifetime registration.”
— Laura Ahearn

Some of the undesignated Level 1 offenders who were convicted shortly after the Sex Offender Registration Act was created include a Smithtown man, now 43, convicted of first-degree sexual abuse against a 19-year-old; a 61-year-old Rocky Point man who sexually abused a 12-year-old girl more than once; a Huntington man, now 40, who sexually abused an 11-year-old; and a Rocky Point man convicted of incest with a 17-year-old.

Ahearn’s group has argued that sex offenders are more likely to reoffend as time goes on. According to Parents for Megan’s Law, recidivism rates are estimated to be 14 percent after five years and 27 percent after 20 years.

One midnight in January, Suffolk County police arrested a 48-year-old man, later discovered to be a registered Level 1 sex offender, in Fort Salonga after the suspect was allegedly caught undressed inside a vehicle with a 14-year-old boy. Police reported at the time that the two arranged the meeting over a cellphone application and there had been sexual contact.

The man had been convicted of sexual misconduct with a 16-year-old girl in 2003 and was sentenced to six years of probation. His new charges included criminal sex act and endangering the welfare of a child.

“So it makes no sense logically” to let Level 1 offenders drop off the registry after 20 years, Ahearn said in Port Jefferson Station. She has advocated for the terms to be extended or to have offenders appeal to be removed from the registry, like Level 2 offenders can after 30 years, so it can be decided on a case-by-case basis.

It’s a “you-know-it-when-you-see-it kind of thing, because you know when an adult man or an adult woman rapes a 4-year-old, that is just shocking,” she said. “That [should be] a lifetime registration.”

Even if the offenders remain on the registry, the court ruling that struck down restrictions on where most offenders can live has made matters trickier.

Ahearn said the fact that multiple layers of local government had enacted restrictions contributed to the situation.

“What happened is it got out of control,” she said.

County and town laws previously restricted sex offenders from living near schools and playgrounds. File photo
County and town laws previously restricted sex offenders from living near schools and playgrounds. File photo

Below the Suffolk County level, for example, the Town of Brookhaven had its own restrictions that prohibited offenders from living within a quarter mile of schools, playgrounds or parks.

There are bills floating around the state government that would tighten restrictions on where certain sex offenders could live, but the only one that has gained traction is a bill state Sen. Michael Venditto (R-Massapequa) sponsored, along with state Sen. John Flanagan (R-East Northport), that would return to local governments the power to regulate where offenders can reside.

“Local laws designed to protect children against registered sex offenders are enacted in response to unique conditions and concerns of specific communities and should act in complement with existing state law,” the bill’s summary read.

Although the bill passed the Senate last year, it died in the Assembly. But Venditto reintroduced his proposal this year.

For more information about sex offender laws or to search for sex offenders in a specific neighborhood, visit the New York State Division of Criminal Justice Services at www.criminaljustice.ny.gov or the Parents for Megan’s Law group at www.parentsformeganslaw.org.

Francis Barrios mugshot from SCPD

Police arrested a homeless man for sexual assault on Tuesday night, after he allegedly attacked a taxi driver on a trip that started at a local hospital.

The Suffolk County Police Department said that the female cab driver picked up her passenger at John T. Mather Memorial Hospital in Port Jefferson that evening, but during the trip he assaulted her and the taxi crashed into a fence on Mount Sinai-Coram Road in Mount Sinai. The suspect, 34-year-old registered sex offender Francis Barrios, then sexually assaulted the driver.

Police did not release the name of the taxi company, to protect the identity of the victim.

Officers had initially responded to the crash scene when a passing motorist called 911, according to police, but the responders arrested Barrios after further investigation. He was charged with first-degree criminal sexual act, first-degree attempted rape, second-degree strangulation and third-degree assault.

Attorney information for Barrios was not immediately available and he could not be reached for comment. He was held overnight and scheduled to be arraigned on Wednesday.

District Attorney Tom Spota speaks at a press conference about Patrick O'Sullivan, who was convicted of raping a woman in Stony Brook in 2012. File photo by Michael Ruiz

The East Moriches man convicted of raping and sodomizing a woman in Stony Brook was sentenced to 25 years in prison on Thursday at Suffolk County Criminal Court in Riverhead, the district attorney said.

Patrick O’Sullivan has been convicted of raping a woman while she was housesitting in Stony Brook in 2012. Photo from Robert Clifford
Patrick O’Sullivan has been convicted of raping a woman while she was housesitting in Stony Brook in 2012. Photo from Robert Clifford

Patrick O’Sullivan, 23, pleaded guilty to charges of rape, criminal sexual act, burglary, sexual abuse and conspiracy in relation to the Nov. 20, 2012, incident, at a residence where his victim was house-sitting. Suffolk County District Attorney Tom Spota said the man wore a mask and carried a loaded rifle when he entered the house through an unlocked door. He fired his weapon twice and sexually assaulted the victim after restraining her with duct tape.

While in custody at the county jail following his arrest, O’Sullivan was also charged with conspiracy after prosecutors said he tried to hire a hit man to kill the victim and another person he believed would testify against him, Spota said. The plot was foiled when the man he tried to hire notified the police.

The conspiracy charge alone landed O’Sullivan a concurrent prison term of up to 25 years, Spota said.

O’Sullivan appeared before Judge Barbara Kahn in county court Thursday morning for sentencing.

At the sentencing, he apologized to the victim, who also provided a statement. He said he hoped she could one day forgive him, a spokesman for Spota said.

In a moving testimony, the woman, who is not being identified because she is the victim of a sex crime, relived the horrific experience and the subsequent days before an arrest was made.

“For over an hour that night I was terrorized, tormented and violated. He showed me bullets and told me I shouldn’t make him use them,” she said in court Tuesday. “He left me in a house tied up, naked, violated, broken and alone. It was 10 days before an arrest was made, 10 days when I couldn’t bring myself to walk outside my house. It was eight months before I could return to work.”

The victim called her attacker a sociopath who made the conscious decision to commit “purely evil acts” of violence against her and said the memories of her attack will always be with her.

“There aren’t words to accurately describe the sheer panic, terror and fear when someone walks into a room and they are dressed in all black, wearing a ski mask and pointing a rifle directly at your head,” she said. “It is a moment that never leaves you. It is a moment in time that changes you forever.”

O’Sullivan waived his right to appeal in February and a permanent order of protection was issued for the victim, the district attorney said.