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Sat, Nov 21 2009 

Published: July 09, 2009 11:13 pm    print this story  

WILSON: Teen defendants ruled not guilty on all charges

By Joe Olenick
E-mail Joe

The Tonawanda News

Two former Wilson High School baseball players have been acquitted on all charges stemming from alleged events that took place on a team bus last year.

The written decision came Thursday morning from Wilson Town Justice George Berger. The ruling found 17-year-olds Christopher Sidote and Colton Sherman not guilty of forcible touching, endangering the welfare of a child and first- and second-degree hazing. There was a third teen charged, 19-year-old Geoffrey Seefeldt, who pleaded guilty to a reduced charge and was given youthful offender status. Seefeldt is awaiting sentencing.

Berger’s decision came without an explanation; the ruling just listed the charges and said “not guilty” next to each of them. The decision comes just a few days after charges were dropped against the two baseball coaches on the bus, Thomas Baia and William Atlas. Sidote’s attorney, Andrew Vona, said he wasn’t surprised with Berger’s decision.

“It’s the decision we think we deserved,” Vona said. “Can’t say it was a surprise, but with a lengthy trial, we learn not to expect anything.”

Vona spoke with his client’s father Thursday morning and said the family was relieved to hear the outcome of the case. The whole thing started in April 2008 on a team bus ride back to Wilson after a baseball game in Niagara Falls. The case has drawn national attention from media outlets such as ESPN and CNN.

“They feel vindicated,” Vona said. “The truth has come out.”

Kevin Shelby, Sherman’s attorney, said whatever took place on the back of the bus was horseplay. Vona said that a year ago, defense attorneys for the teens had said it was a case of older players on the bus involved with horseplay or roughhousing with younger players. There was no intention to hurt, he said.

“I had said early on this was ‘boys will be boys,’ and it really was, and that’s what the proof was at trial,” Shelby said.

“Whatever happened, it certainly did not rise to the level of any criminal activity,” Vona said. “And certainly nowhere near the level of rumors or allegations and overblown prosecution that resulted.”

Sidote and Sherman went through a four-day, nonjury trial that ended July 1. The two were allowed back to school in December and will be entering their senior year in the fall. Vona said the Wilson community deserved to move on.

“Hopefully he goes back to school, back to his life,” Vona said of his client. “And the whole community of Wilson can put this behind them.”

In a statement released Thursday afternoon, state police officials said there was no wrongdoing found in the investigation into law enforcement’s handling of the Wilson case. The statement said “a thorough and exhaustive incident review was conducted. The review found all investigative and police actions concerning this matter were in accordance with State Police rules and regulations. The review concluded that a thorough and proper investigation was conducted and the matter is now closed.”

“State Police Investigators conducted a thorough and complete investigation into the Wilson hazing allegations,” State Police Chief Inspector Col. Anthony Ellis said. “The arrests which followed were based on probable cause. The investigative file, sworn statements of witnesses and victims were submitted to the Niagara County District Attorney, who accepted the state police investigation and proceeded with the case. This case was prosecuted according to the laws of the State of New York.”

Contact reporter Joe Olenick at 439-9222, ext. 6241.

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