Only teen charged as adult in cemetery desecration pleads guilty
NORWICH – The last of three Oxford teens, and the only one to be charged as an adult in the desecration of a cemetery last fall, appeared in Chenango County Supreme Court Wednesday and pleaded guilty to felony burglary.
Devan Ellsworth, 18, of Greene Street, Oxford, pleaded guilty to third degree burglary before Supreme Court Justice Kevin M. Dowd and was sentenced to six months in local jail, five years probation and ordered to pay $1,632.56 in restitution.
Ellsworth was the oldest of three teenagers convicted of desecrating St. Joseph’s Cemetery in Oxford and breaking into the Oxford Memorial Library to steal a donation wishing well full of change, at around 1 a.m. Oct. 16, 2008.
Ellsworth has been incarcerated for more than five months since his arrest and will be given credit for time already served. He was also ordered to apply for criminal treatment court.
Both the judge and District Attorney Joseph A. McBride criticized Ellsworth in court for his attitude and poor juvenile record.
“You are, without a doubt, on a very fast track heading to state prison,” Dowd told Ellsworth.
“This is his last chance. If he doesn’t take this opportunity, we’ll have no choice but to remove him from our community,” said McBride.
Speaking to Ellsworth’s attorney, Linden Summers, Dowd said, “He hasn’t learned anything at all up to this point; this is a terrible juvenile record. It’s an absolute no-brainier where he’ll end up at this rate.”
The plea arrangement was originally agreed upon earlier in the year, however Ellsworth tested positive for drugs after being conditionally released following the arrangement, which put the deal in jeopardy with the DA’s Office and landed Ellsworth back in jail.
“My client is well aware of the opportunity before him, and understands that the District Attorney’s office has the right to remove the agreement based on the findings in the drug screening, but has opted to retain the prior agreement instead,” said Summers.
Originally all three suspects were charged with four felonies and four misdemeanors for destroying more than 30 old gravestones and burglarizing the library.
The other two defendants, whose names were never released to the public, were charged as youthful offenders and processed in Chenango County Family Court.
The co-conspirators, ages 16 and 17, pleaded guilty to fourth degree criminal mischief and were released into the custody of their parents Nov. 3. They were placed on probation, ordered to pay restitution and given community service.
The teens were arrested Oct. 20 after using a shovel and spade to knock over 30 headstones at the Catholic cemetery. Police reported that alcohol was a factor in the crimes and that the youths attempted, unsuccessfully, to dig up a grave.
Devan Ellsworth, 18, of Greene Street, Oxford, pleaded guilty to third degree burglary before Supreme Court Justice Kevin M. Dowd and was sentenced to six months in local jail, five years probation and ordered to pay $1,632.56 in restitution.
Ellsworth was the oldest of three teenagers convicted of desecrating St. Joseph’s Cemetery in Oxford and breaking into the Oxford Memorial Library to steal a donation wishing well full of change, at around 1 a.m. Oct. 16, 2008.
Ellsworth has been incarcerated for more than five months since his arrest and will be given credit for time already served. He was also ordered to apply for criminal treatment court.
Both the judge and District Attorney Joseph A. McBride criticized Ellsworth in court for his attitude and poor juvenile record.
“You are, without a doubt, on a very fast track heading to state prison,” Dowd told Ellsworth.
“This is his last chance. If he doesn’t take this opportunity, we’ll have no choice but to remove him from our community,” said McBride.
Speaking to Ellsworth’s attorney, Linden Summers, Dowd said, “He hasn’t learned anything at all up to this point; this is a terrible juvenile record. It’s an absolute no-brainier where he’ll end up at this rate.”
The plea arrangement was originally agreed upon earlier in the year, however Ellsworth tested positive for drugs after being conditionally released following the arrangement, which put the deal in jeopardy with the DA’s Office and landed Ellsworth back in jail.
“My client is well aware of the opportunity before him, and understands that the District Attorney’s office has the right to remove the agreement based on the findings in the drug screening, but has opted to retain the prior agreement instead,” said Summers.
Originally all three suspects were charged with four felonies and four misdemeanors for destroying more than 30 old gravestones and burglarizing the library.
The other two defendants, whose names were never released to the public, were charged as youthful offenders and processed in Chenango County Family Court.
The co-conspirators, ages 16 and 17, pleaded guilty to fourth degree criminal mischief and were released into the custody of their parents Nov. 3. They were placed on probation, ordered to pay restitution and given community service.
The teens were arrested Oct. 20 after using a shovel and spade to knock over 30 headstones at the Catholic cemetery. Police reported that alcohol was a factor in the crimes and that the youths attempted, unsuccessfully, to dig up a grave.
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