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Published: September 17, 2008 12:00 am    print this story  

Area woman, 50, arrested in jail, pleads innocent

By Patricia Breakey
Delhi News Bureau

A Fleischmanns woman appeared in Delaware County Court on Monday and pleaded innocent to charges of restraining and burglarizing Jeffrey Bouton, 43, of Fleischmanns.

Cheryl A. Scarth, 50, was arraigned on charges of second- and third-degree burglary, fourth- and fifth-degree conspiracy, second-degree criminal trespass and unlawful imprisonment. The charges all stem from incidents on May 17 in Middletown.

Scarth is a second-felony offender who was sentenced to prison terms of 1-to-3 years and 2-to-6 years on convictions in 2000, Delaware County Judge Carl Becker said.

Delaware County Special Prosecutor Thomas Carr said she is facing a minimum of seven years if she is found guilty of these charges.

Becker set bail at $50,000 and scheduled Scarth's trial for the January term.

Scarth is also facing a first-degree promoting prison contraband charge in Delhi Town Court. While she was in jail on the burglary charges, she was arrested June 11 for allegedly possessing a dangerous substance on June 5 in the Delaware County jail.

Scarth was also charged with tampering with physical evidence for allegedly trying to destroy the substance to prevent its use as evidence, Delaware County deputies said.

On September 30, 2000, Scarth was one of 13 people charged with 57 counts of selling and possessing cocaine.

In another court case, a Sidney man pleaded guilty to possessing a sexual performance by a child, a class E felony.

Gregory R. Cutting, 22, admitted downloading pornography from the Internet and said he knew the subject matter involved children.

According to the terms of Cutting's plea agreement, he will be sentenced to 10 years' probation and will be designated a Level 1 sex offender, the lowest level.

Cutting was released on his own recognizance. His sentencing is scheduled for Monday.

In another case, Amy Gancio, 24, of Walton, was resentenced to 1 1/3-to-4 years in prison on a fourth-degree grand larceny charge that stemmed from an incident Oct. 15.

Gancio pleaded guilty Monday to violating her probation by falsely stating that she had attended a treatment program and by using twice as much of a prescribed painkiller than the recommended dosage.

On Dec. 17, Becker sentenced Gancio to five years' probation, which included treatment and 100 hours of community service; he also fined her $1,000.

During her original plea, Gancio admitted going into the Walton Big M and taking a woman's purse out of a shopping cart. She said she took the purse outside and took a credit card and a checkbook.

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