CONVICTION IN HATE CRIME CASE

DELHI – District Attorney Shawn Smith announced today that Donald A. Kern, 34, of Walton, New York, pleaded guilty to Aggravated Harassment in the Second Degree, a Class A Misdemeanor in Delaware County Court on March 25, 2024.      

On March 25, 2024, the defendant appeared in Delaware County Court for a conference on his pending indictment.  After the conference, the defendant pleaded guilty to Aggravated Harassment in the Second Degree, a Class A Misdemeanor.  The indictment alleged that the defendant threatened to subject a young lady to physical contact because of her race or color.  The defendant admitted that he threatened to break the victim’s windows out of her car while she was in it.  The defendant further admitted that he called the victim a “dumb nigger.” 

This plea was entered as part of a negotiated disposition, wherein it is agreed that the defendant will be sentenced to serve 6 months in the Delaware County Correctional Facility.  After the Court accepted the guilty plea, the case was adjourned until April 29, 2024 for sentencing.  It is anticipated that the defendant will be taken into custody at that time to begin serving his 6 months of incarceration. 

District Attorney Shawn Smith commended Sidney Village Police Officer Brendan McDevitt for his work on this case. Smith stated, “Although there was no physical contact or injuries in this case, I believe this jail sentence is warranted.  It should send a message that racism is not tolerated in Delaware County.”     

Indictments and Criminal Complaints are allegations. All defendants are presumed innocent until proven guilty.