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Linda Kellett - Fort Plain businessman Dennis Todd is escorted to a patrol car by a Montgomery County Sheriff’s Deputy and Fort Plain Police officer following his arraignment in the Minden Courtroom of Justice Susan Buddles Sunday.

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Police continuing investigation in wake of businessman’s arrest

Thursday, August 23, 2012 - Updated: 8:49 AM

By LINDA KELLETT

C-S-E News Staff

FORT PLAIN — Fort Plain Police early this week continued their investigation of a local Fort Plain businessman who was arrested over the weekend on physical and sexual assault charges.

That’s according to Fort Plain Police Chief Robert Thomas III, who on Tuesday said police are investigating new leads brought to light following the late-Saturday arrest of Daylight Donuts owner Dennis Todd, 62, of 24 Willett St., Fort Plain.

Todd, who lived in Schenectady County at the time of his mother’s 2003 death, was charged Saturday night with first-degree criminal sexual act, a Class B felony, in connection with his alleged sexual contact with a 13-year-old male. That arrest stems from a year-long investigation, said Thomas.

Police are asking anyone else who may have been subjected to illicit sexual contact to call them at (518) 993-3781.

Todd — identified in the state Department of State corporation and business database as the chairman/chief executive officer of Old Fort Plaza Inc. and the owner of Dennis’ Daylight Donuts Inc.— was also charged with first-degree assault for allegedly striking an adult male on the head with a baseball bat on Aug. 16. Thomas on Tuesday confirmed that individual, who was visiting Todd’s residence last Thursday morning, was a relative of the alleged sexual-assault victim.

First-degree assault is a Class B felony.

Thomas said the injured adult was transported by ambulance to St. Mary’s Hospital, where he was treated for head trauma.

Todd was arraigned in front of Minden Town Justice Susan Buddles early Sunday morning and transported to the Montgomery County Jail, where he was held in lieu of $200,000 cash bail. Correctional Facility Administrator Michael Franko on Tuesday said Todd was still at the facility.

Contacted Tuesday, Buddles said Todd was scheduled for a felony hearing Wednesday night. His next court date is Monday, Sept. 17.

He is represented by Amsterdam attorney Paul Wollman, who could not be reached for comment.

As noted in state Penal Law, a charge of first-degree sexual act alleges an individual “engage[d] in oral sexual conduct or anal sexual conduct with another person: By forcible compulsion; or [w]ho is incapable of consent by reason of being physically helpless; [w]ho is less than eleven years old; or [w]ho is less than thirteen years old and the actor is eighteen years old or more.”

Additionally, a person charged with first-degree assault is alleged to have caused or intended to intentionally cause serious physical injury to another person “by means of a deadly weapon or a dangerous instrument; or [w]ith intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or ... [u]nder circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person.”

If convicted, Montgomery County District Attorney James “Jed” Conboy said Todd could be sentenced up to 25 years in state prison, with up to 20 years of post release supervision for each of the charges against him. He said Todd could potentially receive two consecutive maximum terms.

     

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