Defense Attorney Says His Client, Accused of Stalking Kids in Penfield, Won't Face Jail Time

PENFIELD, N.Y. -- This was the first appearance in Penfield Town Court for 20-year-old Daniel DeLaus III. He was arrested August 1st and arraigned in East Rochester Town Court where he pleaded not guilty.

The charges stem from two incidents in July where DeLaus is alleged to have stopped his vehicle in front of two separate homes where children were playing on Armetale Luster in Penfield and asked those kids if they wanted some candy. Investigators say the children then ran to their homes.

Authorities accuse DeLaus of harassing in such a way it caused reasonable fear of physical injury, sexual offense, kidnapping or imprisonment. The stalking and child endangerment charges are both misdemeanors.    

"A misdemeanor by definition is a case where you can face no more than a year in jail," defense attorney Don Thompson said. "Young Mr. DeLaus obviously has no prior offenses. It would be astounding if he were to face any time in jail. The allegations here are not even sufficient to make out the elements of the misdemeanors."

A large group of DeLaus' neighbors were in court. They say they're scared for their children and sympathize for the victims and their families. At the same time, they have compassion for the DeLaus family.

"They are very good people with a child with some problems," said Kathryn DiGiorgio, DeLaus' neighbor. "We know that they are going to do whatever it takes to keep the children in our neighborhood safe because they would want the same for their family. I know they're going to do whatever it takes to help their son."

DeLaus's attorney says it doesn't matter what people believe or what DeLaus may have said that led to these allegations. He says we may get an explanation for DeLaus' alleged actions if the case develops further.

"If the prosecution can actually come across with elements that might sustain the charge we might have to think about another reasonable explanation," Thompson said. "So far they haven't."

Daniel DeLaus the third remains free on his own recognizance. He'll return to Penfield Town Court August 24th following a pre-trial hearing.