THIRD INDICTMENT IN ONGOING CASE

DELHI – Delaware County District Attorney Shawn J. Smith announced the third set of criminal indictments against David W. Gensler, 51, of Delhi on November 6, 2025. 

Gensler was arraigned before the Honorable Judge John Hubbard in Delaware County Court on November 13, 2025, and the indictment was unsealed.  

This is the third indictment against Gensler in 2025 and is the result of a joint investigation by the Village of Delhi Police and the New York State Police. 

Previously, on October 23, 2025, Gensler was indicted on thirteen counts including Sexual Abuse in the 1st Degree, Attempted Sexual Abuse in the 1st Degree, four counts of Sexually Motivated Felony, four counts of Disseminating Indecent Materials to Minors in the 1st Degree, Luring a Child, Attempted Luring a Child and Endangering the Welfare of a Child.

Additionally, on October 30, 2025, Gensler was indicted on four additional counts including Rape in the First Degree, Stalking in the 4th Degree, Unlawful Imprisonment in the First Degree, and Sexual Abuse in the First Degree. 

On November 6, 2025, Gensler was indicted on seven additional charges. 

Count One alleges False Reporting of an Incident in the 3rd Degree, a Class A Misdemeanor. It is alleged that on or about October 8, 2024, Gensler falsely reported that his phone was stolen and then used to make Venmo transactions in an attempt to have a former domestic partner arrested.

Count Two alleges False Reporting an Incident in the Third Degree, a Class A Misdemeanor. It is alleged that Gensler falsely reported to police that a former domestic partner had given him a sexually transmitted disease in an attempt to have them arrested. 

Count Three alleges Offering a False Instrument for Filing in the First Degree, a Class E Felony. It is alleged that on or about October 4, 2024, Gensler offered a false statement to police regarding fraudulent charges to his account via Venmo.

Count Four alleges Offering a False Instrument in the First Degree, a Class E Felony. It is alleged that on or about October 4, 2024, Gensler offered a false report of malicious STD transmission by a former partner.

Count Five alleges Tampering with Physical Evidence, a Class E Felony. It is alleged that on or about September 3, 2024, Gensler created false physical evidence that he later used to attempt to incriminate another person.

Count Six alleges Tampering with Physica Evidence, a Class E Felony. It is alleged that on or about September 3, 2024, Gensler created false physical evidence that he later used to attempt to incriminate a second person.

Count Seven alleges Conspiracy in the Fifth Degree, a Class A Misdemeanor.  It is alleged that on or about September 3, 2024, Gensler conspired with one or more other individuals to tamper with physical evidence in order to falsely report a crime against a third party.

After today’s Indictment, Gensler now faces 1 Class B Felony, 10 Class D Felonies, 7 Class E Felonies, 5 Class A Misdemeanors and 1 Class B Misdemeanor for a total of 24 criminal charges.

The Honorable John L. Hubbard, after hearing arguments, determined that the defendant should not be granted bail.  The Court remanded the defendant to the Delaware County Correctional Facility without bail, pending trial in this matter.                                       

Per office policy, the name(s) of victims are withheld to protect their privacy.

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

Shawn J. Smith 

District Attorney 

Delaware County