A lawyer representing Robert Madeo, who pressed charges against a Delmar man who allegedly tackled Madeo’s son as he was fleeing a game of ding dong ditch, said the 14-year-old’s injuries may include the loss of his two front teeth.
Attorney Kristie Hanson said today Daniel Van Plew sat on top of Madeo’s son after tackling him to the pavement outside his home, then took him back into his home until the police arrived.
`He told him he was going to kill him if he moved,` Hanson said. `The kid was obviously upset, he was crying.`
The teen suffered scratches on his elbow and face and four braces broke off of his top teeth, she said. It was the extent of the injuries that prompted the boy’s father to press charges.
`I don’t think the public realizes how injured this kid was,` she said. `It was excessive force to say the least.`
Peter Gerstenzang, attorney for Van Plew, said his client acted with the intent of protecting his family.
`I thought his response was moderate, but that’s going to be up to the courts and the DA,` he said.
Van Plew was charged with endangering the welfare of a child, a misdemeanor, and harassment in the second degree, a violation, following the Saturday, July 17, incident.
Van Plew, 37, told police someone had pressed his doorbell at about 10:18 p.m. that night, at his home at 59 Egmont Court in Delmar. He didn’t see anyone out of the front door, but when he opened his garage door he saw a male running from the rear of his house, according to police reports.
Van Plew chased the subject and tackled him in the front yard, near the street, police said.
The location of the tackle should prove important in the case. Lt. Robert Berben of the Bethlehem Police Department said one of the reasons Van Plew was charged is because he pursued the boy off his property.
`It just gets complicated when you leave your property,` Berben said.
Hanson said it’s clear Madeo’s son was tackled in the street, due to his injuries and statements from the three friends he was with.
`He was in the street. The kids all say it was at least 300 yards away from his house,` she said.
Gerstenzang couldn’t say how far the chase went.
`I don’t think it was very far,` he said.
He added Van Plew was concerned about the possibility of a home invasion or burglary. His wife, 3-year-old daughter and 6-year-old son were in the house.
`This has been a very terrifying experience for the Van Plews,` Gerstenzang said.
Madeo’s son escaped charges because of his age, police said, as did his three other friends, who fled back to a sleepover at a nearby home.
`They’re not old enough to be arrested for a trespass because it’s not a crime,` Berben said.
If they had been over the age of 16, however, charges would have been filed, he continued. Police did not identify the juvenile subjects, citing their age.
Hanson emphasized Madeo is upset with his son’s behavior.
`The Madeos definitely don’t think that was the right thing to do,` she said.
She added, `I certainly don’t think the kids’ intent was to scare the homeowner… It was a 14-year-old prank and certainly this child has learned what can happen as a result of that.`
Van Plew was released with a court date of Tuesday, Aug. 3.“