Democrat and Chronicle from Rochester, New York • Page 12

23 DEMOCRAT AND ChRONiCLE. ROCHt STER, WEDNESDAY. MAY 30. 1984 Youth describes fatal attack on elderly woman An autopsy showed she died of blunt head and chest trauma, compounded by strangulation. Admits rape, robbery ing to the statement.

"When I got home. I put the leather (jewelry) bo in my dresser drawer in my bedroom and I passed out on my bed." according to Gibson's statement Lewis, lying in bed dressed in night-clothes, was found May 20 about 1 1 a.m. of Harris Park victim FOOD OUTLET Sr 7 GENESEE REGIONAL MARKET 900 JEFFERSON RD. 424-2969 DAV-ED CASH CARRY LORI'S NATURAL FOODS LANDSCHOOT FARM MARKET WEBER'S COUNTY CHEESE FEDERAL HOLLOW MEATS TisfitCSubod FRESH SOLE FILLET $Q99 Harris Park when he saw a front storm window ajar at 93 Harris Park. Gibson told police he opened the storm window, found the inside window unlocked "so I opened the inside window and crawled through." Inside the apartment, Gibson walked down a hallway and entered a bedroom, bumping into some furniture and almost awakening a woman asleep in her bed.

He l)egan opening dresser drawers and the woman woke up, according to his statement. "I then went over and grabbed her and knocked her back down on the bed and got on top of her and put my hand over her mouth to keep her quiet," the statement reads. "She was still struggling so I removed my hand from her mouth and put my hand on her throat. I think it was my right hand. "She said something like, am not going to do 1 held her down with my hand on her throat for about 10 seconds and then I put my hand back on her mouth," Gibson's statement reads.

The woman. Amy Lewis, then went limp on the bed. Gibson's statement then describes raping her. He then took a jewelry box and glass-enclosed clock from the bedroom, took two rings off the woman's hand, and walked to the kitchen, where he took about $25 from her purse, accord Siragusa told Mark that police obtained fingerprints from Lewis' apartment at 98 Harris Park, which is part of the same subsidized housing complex off Winton Road where Gilson lives. Police also recovered property belonging to I-ewis and obtained statements from Gibson and others he talked to about the crime, Siragusa said.

"Despite Mr. Gibson's age, a motive to flee is very strong," Siragusa said. Mark set bail at S2.i,0l)0. Gibson, wearing the loose-fitting tan shirt and pants given to Monroe County Jail inmates, turned and waved to his family sitting in the courtroom being led back to the jail where he has been held since his arrest last Wednesday. On Wednesday, Gibson told Physical Crimes Investigator Leonard Borriello that he went with friends to a party the night of May 18, then to an Kast Avenue restaurant before leaving his friends about 2 a.m.

In a two-page typewritten statement. Gibson told Borriello he met an unidentified man by the railroad tracks at University Avenue and Winton Road. The man had a 12-pack of Iwer, and he shared it with Gibson. "1 drank some beer with him, but I don't remember how much," Gibson's statement reads. Gibson said he headed home after drinking the beer and was walking on By Andy Pollack A 16-year-old youth told police be clamped down on Amy Lewis' throat "for about 10 seconds to keep the 83-year-old woman quiet after he broke into her northeast side apartment.

"Then she was still and 1 thought she had passed out," says a statement given to Rochester police lat week and signed by Tony Gibson, 16, of 80 Flover-ton St. "I am sorry that this happened. I didn't mean to hurt the lady and didn't want to Utuch her." Gibson was arraigned yesterday before slat Supreme Court Justice Donald J. Mark on four counts of second-degTee murder. In a four-count indictment, a Monroe County grand jury accused Gibson of intentionally causing Lewis' death by "striking her or strangling her" and causing her death in the course of a rape and robbery.

First Assistant District Attorney Charles J. Siragusa asked Mark to set bail at $50,000. "It's the people's conviction that we have a very strong case," Siragusa told Mark. "The likelihood of conviction is very gixxi." ONLY KM LB VANILLA 4 535 FLAVORING lQT.fi. FRENCH'S ASSORTED SPICES AND FLAVORING BUY IN THE BULK, AND SAVE BONELESS FILLETS, DELICIOUS BAKED OR BROILED, FRESH MAINE MAHOGANY is1 CLAMS MILWAUKEE'S BEST BEER NO ADDITIVES OR PRESERVATIVES 12 OZ.

6 PACK 1.99 CASE OF 24 6.99 Plus Tax and Deposit $1C99 FULL BAG OF 10 DOZ, 2 SIMILAR TO HARD-SHELL LITTLENECK CLAMS. BUT AT TREMENDOUS SAVINGS PLEASE CALL AHEAD TO INSURE SUPPLY CARROTS Democrats name delegate slate hcobson 49 2 5 lb. BAG lb. BAG MEATS lUSDAl WHOLE BONELESS BEEF STRIP LOINS FOR N.Y. STRIP STEAKS i55, The Democratic State Committee named several delegates and alternates last week from Monroe County to attend the national convention in San Francisco in July, according Libby Moroff, executive director of the state committee.

Assemblyman David F. Gantt and school board member Nancy Padilla were named New York at-large delegates for Walter F. Mon-dale. Rochester lawyer Thomas Frey, a former assemblyman, was named an at-large delegate for Sen. Gary Hart, and Rochester businessman James Lloyd was named an at-large delegate for Jesse Jackson.

12 TO 16 LB. AVG. State Party Vice Chairman Laurence J. Kirwan, a former chairman of the Monroe County Democratic committee, was named an unpledged at-large delegate. Although he is officially unpledged.

Kirwan is a Mondale supporter. He directed the Mondale campaign in Western New York for the April primary. Two at-large alternates for Mondale also were chosen: Monroe County Chairman Nathan J. Robfo-gel and Leslie H. Calder, the manager of the Rochester Board of the Amalgamated Clothing and Textile Workers Union.

FRIENDSHIP CREAM CHEESE HOLLAND GOUDA ONLY LB 3 GROUND BEEF PATTIES 10 LB. BOX S1C nn 4 TO LB. ONLY 10.3 6 LB. BOX 95 PURE PORK ITALIAN SAUSAGE PREPARED FRESH Si Eft 7 CONTI RED OR WHITE SKINLESS HOTS ITALIAN SAUSAGE PATTIES ON THE PREMISES ONLY Iid9 LB. 49 Murder indictment dismissed 1 ALL OFFERS GOOD THRU SAT.

JUNE 2, 1984 LB. PALMERJACOBSON 6ENESEE REGIONAL MARKET 900 Jefferson Rd. 424-3210 PERINTON HILLS MALL file. 31 1 250 223-5900 SALE ENDS TUES. JUNE 5 84 OPEN TUESDAY 8 WEDNESDAY 7 AM 3 PM THURS.

FRI. 7 AM-6PM SAT. 7 A.M. 1 P.M. WAY GMUm mtiimmimt tir mm Your Year Round 0aJG Garden Center By Bob Bickil Democrat and Chronicle A state Supreme Court justice has dismissed a second-degree murder indictment against Charles Bruce Acomb while leaving open the option of re-indicting the Sparta farmer on a lesser charge.

Livingston County District Attorney Theodore Wiggins, who received the decision yesterday from Justice Donald J. Mark, said he will ask a Livingston grand jury for a new indictment on a first-degree manslaughter charge. The decision further delays the often-delayed third trial of Acomb, who is accused of fatally shooting his nephew William B. "Brad" De-Lavergne, 19, on Nov. 11, 1978, in a cornfield near the Acomb and De-Lavergene farmhouses on Route 6.1 DeLavergne died about a year after the snooting as a result of the bullet wound he received.

Acomb. indicted in December 1979 on charges of second -degree murder, was found innocent by a Livingston County Court jury in April 1981), but was convicted of the lesser charge of first-degree manslaughter. After serving two years of a six-to- 18-year sentence in Attica Prison, Acomb was released when the Appellate Division of state Supreme Court ruled some evidence against him was inadmissible as hearsay. His second trial on the manslaughter charge began a year ago. Testimony had just begun al ter opening statements when Judge George Reed, serving in Livingston by assignment, declared a mistrial.

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