A teenage child molester was sentenced to four years in prison Friday, despite his attorney's efforts to point the finger of blame at the victim's father and the defendant's parents.
Jacob S. Smider, 18, of Lake Road, Somerset, was denied youthful offender status by Niagara County Judge Peter L. Broderick Sr.
Smider, a senior at Niagara Academy, had pleaded guilty to second-degree sexual conduct against a child. He had sexual contact with a girl repeatedly from the summer of 2004 through February 2006. He was 16 and the girl was 8 when the incidents began.
The victim's father spoke before sentencing, condemning Smider and his family. "I don't think they'd like their daughter to be abused," the man said.
Defense attorney David Heim then pulled out a sheaf of papers that he said included Child Protective Service reports against the girl's father.
"If true, there may be some mitigation of this young man's offense," Broderick said after reading the reports.
Heim also accused Smider's parents of doing a poor job of raising their son. "He was brought up this way," Heim said.
Assistant District Attorney Elizabeth R. Donatello then offered Broderick an account of one of the incidents between Smider and the girl.
"She was 8 years old and when she cried out and tried to get away, he covered her mouth and held her down until he was finished," the prosecutor said. "I oppose youthful offender status. He should be a registered sex offender for the rest of his life."
"I feel horrible for what I did," said Smider, who didn't react when Broderick announced the prison term. "I knew it was wrong, and now I know how wrong it was."
In another case before Broderick Friday, a man who faces federal child pornography charges was sentenced to 1 1/3 to four years in prison for violating his probation on similar local charges.
Timothy W. Brenon, 56, of North Tonawanda, was convicted in 2002 of possessing child pornography and was placed on probation, which he violated by possessing adult porn. He is awaiting trial in U.S. District Court on child porn charges lodged in June.
In another case, John A. Guitar, 33, of Niagara Falls, Ont., pleaded not guilty to charges that he attacked an off-duty police officer Aug. 27.
Assistant District Attorney Doreen A. Hoffmann said Officer John Schuster was working as a security guard at a Niagara Falls hotel when he attempted to quell unruly conduct by Guitar. Guitar allegedly grabbed Schuster's police baton and hit him in the mouth with it, lacerating Schuster's lip.
Guitar is charged with two counts of second-degree assault and single counts of fourth-degree criminal possession of a weapon and resisting arrest.