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Grand Jury: three indictments -- for engaging in 'oral conduct' by force, attempted arson, burglary

By Billie Owens

David K. Atkinson is indicted for the crime of criminal sexual act in the first degree, a Class B felony. It is alleged that on Nov. 18 in the Town of Pembroke that Atkinson engaged in oral conduct with another person by forcible compulsion.

Matthew A. McCracken is indicted for the crime of attempted arson in the second degree, a Class C violent felony. It is alleged that on Dec. 24 McCracken intended to damage a building -- an upstairs apartment on Clay Street in the Village of Le Roy -- by starting a fire when another person who was not a participant in the crime was present in the building. Furthermore, it is alleged that the defendant knew -- either factually or circumstantially -- that the presence of the other person inside was a reasonable possibility and yet he allegedly attempted the arson. In count two, he is accused of the crime of endangering the welfare of a child. It is alleged in count two, that on Dec. 24 the defendant, at an upstairs apartment on Lake Street in the Village of Le Roy, knowlingly acted in a manner likely to injure the physical, mental or moral welfare of a child less that 17 years old by conduct that included the crime alleged in count one, and by being impaired by alcohol and going to sleep while a 1-year-old child was present.

Thomas A. Park is indicted for the crime of burglary in the second degree, a Class C violent felony. It is alleged that on April 24, Park knowingly entered or remained unlawfully in a dwelling on West Main Street in the Town of Le Roy with intent to commit a crime. In count two, he is accused of the crime of petit larceny, a Class A misdemeanor, for allegedly stealing $550. In count three, the defendant is accused of another act of second-degree burglary sometime between late winter in 2016 and June 15. In that incident, it is alleged that Park knowingly entered or remained unlawfully in another dwelling on West Main Street in the Town of Le Roy with intent to commit a crime. In count four, he is accused of another act of petit larceny during the same time period for allegedly stealing jewelry, a small safe and "a container used for religious purposes." In count five, Park is accused of a third crime of second-degree burglary. In count five, it is alleged that on May 11 or 12, he knowingly entered or unlawfully remained in a dwelling, one he allegedly previously burglarized, with intent to commit a crime. In count six, he is accused of a third incident of petit larceny -- allegedly he stole $100. In count seven, the defendant is accused of a fourth act of second-degree burglary, for the third time at the same location on West Main Street in Le Roy, which occurred on June 16. In count eight, he is accused of petit larceny for allegedly stealing money and greeting cards. In count 10, the man is accused for the fifth time of second-degree burglary at the same residence previously burlgarized several times, this time on June 17. In the last incident, Park allegedly took a Barnett Raptor Crossbow and frozen food items.

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