Kortright, NY – NYS Justice Center for the Protection of People with Special Needs Special Prosecutor Patricia E. Gunning announced a Stamford man has been charged with abusing a youth in his care at the Sgt. Henry Johnson Youth Leadership Academy in Kortright. The facility is operated by the NYS Office of Children and Family Services (OCFS).

Andrew Malone (DOB: 5/23/1985) was charged with the following offenses:

  • Endangering the Welfare of a Child, a class “A” misdemeanor;
  • Unlawful Imprisonment in the Second Degree, a class “A” misdemeanor;
  • Official Misconduct, a class “A” misdemeanor;
  • Attempted Assault in the Third Degree, a class “B” misdemeanor;
  • Menacing in the Third Degree, a class “B” misdemeanor; and
  • Harassment in the Second Degree, a violation.

“Residents of the Youth Leadership Academy are placed in this facility by the courts to help them mature into productive, law-abiding members of society,” said Special Prosecutor Gunning. “It is never permissible to physically abuse the youth who live there.  Staff members, like this defendant, are supposed to set a good example for the residents. The defendant’s alleged conduct is not only criminal, but it also sends the wrong message to the children about using violence to settle disputes.”

The charges stemmed from an incident in June 2016, when Malone allegedly grabbed a 14-year-old resident, put him in a headlock, threw him to the ground and held him face down. Such actions are not in accordance with training or facility policy.

Malone was arraigned in Kortright Town Court before the Honorable Yvonne J. Pagillo and released on his own recognizance. He is scheduled to return to court on March 7.  The defendant is currently on administrative leave from OCFS. Justice Center Supervising Assistant Special Prosecutor Linda Gafford will be prosecuting the case, which was investigated by Justice Center investigators Kathleen Bednar and Bruce Hall.

About the Justice Center

The Justice Center began operations on June 30, 2013.  It operates a toll-free hotline that receives reports of allegations of abuse, neglect and significant incidents 24 hours a day, seven days a week.  Anyone who witnesses or suspects the abuse or neglect of a person with special needs can make a report. Mandated reporters who have reasonable cause to suspect that a reportable incident has occurred by staff must report it to the Justice Center immediately upon discovery.  The Justice Center is not a first responder so if a report involves an emergency situation, the caller is instructed to hang up and dial 9-1-1.

The Justice Center is authorized to investigate all reports of abuse and neglect, pursue administrative sanctions against staff found responsible for misconduct and its Special Prosecutor/Inspector General shares jurisdiction with local district attorneys to prosecute criminal offense allegations. The Justice Center notifies local district attorneys of all potential criminal cases.

Justice Center Individual and Family Support advocates provide guidance and information to victims, their families, personal representatives and guardians about the reporting and investigation process, offer support during criminal court proceedings and are available to accompany victims during interviews and court appearances.

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Editor’s note: In compliance with Rule 3.6(b)(6) of the Rules of Professional Conduct, you are advised that a charge is an accusation and that a defendant is presumed innocent until and unless proven guilty.

FOR IMMEDIATE RELEASE: January 20, 2017

Contact: Bill Reynolds (518) 414-1299