Yates jury convicts on all five counts

Mar 07, 2017 at 08:14 pm by Observer-Review


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Yates jury convicts on all five counts

PENN YAN--The trial of Jose Lopez-Sarmiento, which started Monday, Feb. 28, has concluded in a guilty verdict on all counts. Jurors convicted Lopez-Sarmiento, 39, of Yates County on five counts charged by a grand jury indictment handed down July 11, 2016. This included burglary in the first degree (a class B felony), assault in the second degree (class D felony), menacing in the second degree (class A misdemeanor), criminal mischief in the fourth degree (class A misdemeanor) and the violation of harassment in the second degree. Assistant District Attorney David Mashewske appeared on behalf of the people for the Yates County District Attorney's office. The defendant was represented by Assistant Public Defender Katie Martens-Henderson. Judge Jason Cook presided over the week long trial.
All charges stem from an incident which occurred March 28, 2016 in the town of Starkey. Lopez-Sarmiento is convicted of entering his estranged wife's home without permission, causing injuries to her after assaulting her with a knife and preventing her from calling law enforcement for emergency assistance.
Yates County District Attorney Valerie Gardner stated, "Justice has been served and it is my sincere hope that the victim and her family may now begin the process toward healing." According to Gardner, Lopez-Sarmiento is scheduled to be sentenced in Yates County Court May 2, when he will face a minimum of five years and maximum of 25 years in state prison for the top charge of the class B felony, burglary in the first degree.

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