TWELVE COUNT INDICTMENT UNSEALED FOUR COUNTS OF PREDATORY SEXUAL ASSAULT AGAINST A CHILD

 DELHI – Delaware County Acting District Attorney Shawn J. Smith announced that Mark Archer, 38, of Oneonta, New York, was indicted for 12 felonies and arraigned in Delaware County Court on October 11, 2023.  

The 12 Count Indictment unsealed in Delaware County Court accuses the defendant of three counts of Sexual Abuse in the First Degree and alleges that the defendant subjected three separate children- each under the age of 11 years old- to sexual abuse.  These are Class D felonies. 

The defendant was also indicted for two counts of Rape in the First Degree, Class B Violent Felonies, based upon allegations that the defendant engaged in sexual intercourse, on two separate occasions, with a child under 11 years                        old. 

Counts Seven and Eight of the Indictment accuse the defendant of Criminal Sexual Act in the First Degree, Class B Violent Felonies, and alleges that the defendant subjected a child under the age of 11 years old to anal sexual contact on two separate occasions. 

The defendant is also facing four separate counts of Predatory Sexual Assault Against a Child for the alleged sexual abuse of a child under 13 years old.  Each of those Counts are Class A-II Felonies and carry a maximum sentence of 25 years to life in prison.  As such, the defendant faces over 100 years to life in prison if he is found guilty of the charges alleged in the indictment. 

The Honorable Gary A. Rosa, Acting Delaware County Court Judge, remanded the defendant to the Delaware County Correctional Facility in lieu of $75,000 cash bail, or $750,000 bond. The case is scheduled for a conference on October 30, 2023, at 9:00 A.M. 

Acting District Attorney Shawn Smith stated, “This indictment is the result of a lengthy and comprehensive investigation conducted by the Sidney Police Department and Assistant District Attorney Denise Kerrigan.  My office is grateful for the assistance provided by the Delaware County Department of Social Services and the staff at Safe Against Violence. Both departments provided a great deal of support which enabled us to work with the child victims in this case.”  

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.

Shawn J. Smith

Delaware County Acting District Attorney