Posted at: 09/27/2013 12:47 PM
Updated at: 09/27/2013 8:05 PM
By: Steve Flamisch
The teenager in the red hoodie turned himself in Friday to face a charge of criminal trespassing, his attorney said.
Photo: Lou Graiff / WNYT
TROY -- Another teenager surrendered to authorities Friday in connection with the illegal party at former NFL player Brian Holloway's house, bringing to seven the number of people charged so far.
James Curran, the attorney representing the teen, told NewsChannel 13 his client was charged with criminal trespassing. Curran declined to answer questions about his client's alleged role in the Labor Day weekend party that made national news.
"It's a pending investigation and we haven't even appeared in family court as of yet," Curran told a reporter. "For me to make any comment whatsoever along the lines of your question would be premature at this point."
Curran declined to give his client's name or age.
The attorney's statement -- that the case is heading to family court -- suggests his client is 15 years old or younger, according to Tom Carr, a partner at the Albany-based Tully Rinckey law firm.
Defendants 15 or younger land in family court, where possible sentences can range from probation to juvenile detention, Carr said. A conviction would not lead to state prison or a criminal record.
Defendants aged 16, 17, or 18 are eligible for youthful offender status, he said. That does not eliminate the possibility of jail time, but it does mean a sealed record.
"(That) means you don't have a criminal conviction," Carr said. "So you don't have that criminal record following you around for the rest of your life."
Defendants 19 or older are not eligible for youthful offender status, he said.
At Holloway's home off Route 43 in Stephentown, the former Patriots and Raiders offensive lineman fueled a backyard campfire Friday with the graffiti-covered wood panels that made the rounds on social networking.
Though Holloway acknowledged that some of the graffiti and damage existed before the party, he said the estimated 300-400 people who attended the alcohol-fueled bash should still face charges for what they did. He estimated the damage at $20,000.
"You broke the law? Go to jail," he said. "You get a good dose of reality, and it's going to save your life."
Holloway, who said he plans to speak at about a dozen area high schools next week, said he is still expecting some parents to file lawsuits against him because he posted their kids' names and photos to his personal website.
"Every time a car pulls up the driveway, I wonder if I'm getting papers," he said.
To Holloway's delight, the car that pulled up at about 2:00 p.m. brought an unexpected visitor instead of a lawsuit. It was a 15-year-old girl who had emailed him to apologize for attending the party. She was coming to meet him in person.
The teen spoke to NewsChannel 13 on condition of anonymity, with her mother's permission.
"It was my choice to come here so I could take accountability for what I did," the teen said. "(Holloway) is really nice and welcoming."
The teen said she had previously contacted the Rensselaer County Sheriff's Department to give a statement. She has not been charged with a crime, but she knows a charge may come.
"I'm really scared," she said.
Six people surrendered Thursday to face charges in connection with the party. The following list is taken directly from a sheriff's department news release:
Seth Hawk - 19 of Grafton charged with Burglary 3rd degree, Criminal Mischief 4th Degree, both felonies, Endangering the Welfare of a Child, and Unlawfully Dealing with a child, misdemeanors. For organizing, advertising, and providing alcohol for the party.
Juan Santana - 20, of Grafton, charged with Criminal Trespass Second degree, Endangering the Welfare of a Child, and Unlawfully Dealing with a child, misdemeanors for providing alcohol.
Cody D. Blain - 21, Berlin, charged with Criminal Trespass Second degree, Endangering the Welfare of a Child, and Unlawfully Dealing with a child, misdemeanors for providing alcohol.
Meghan Loiselle - 18, of Green Island, charged with Felony Grand Larceny 4th degree, for stealing a granite eagle statue valued over $1,200 and Criminal Trespass Second degree.
Mackenzie Grogan - 17, of Cohoes, charged with Felony Grand Larceny 4th degree, for stealing a granite eagle statue valued over $1,200 and Criminal Trespass Second degree
Keely C. Sullivan - 18, of Troy, charged with Felony Grand Larceny 4th degree, for stealing a granite eagle statue valued over $1,200 and Criminal Trespass Second degree.
Additional arrests were expected. The lead investigator said Thursday the sheriff's department has about 300 names. He said the courts may look favorably on party-goers who turn themselves in.