Updated 07/22/2010 06:11 PM
Attorneys for both sides in Delmar prank case speak out
The attorney for the father of the Delmar boy who rang a doorbell of another person's home as a prank said charges against the homeowner who tackled the boy are appropriate. She also told our Steve Ference that the homeowner who was arrested should have been charged with more, as we learn more about the father who's pressing the charges.
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DELMAR, N.Y. -- It may have started as a prank, but it's become the doorbell scandal of Delmar.
The doorbell rings, ultimately was pounding on the backdoor. He steps out, he hears voices saying, go, go, and he sees forms running. He chases after them and tackles one of them," explained the homeowner's attorney, Peter Gerstenzang.
It happened the night of Saturday, July 17, what turned out to be a 14-year-old boy was brought back to the pranked homeowner's house to await police. Then, at the request of the boy's father, police charged the homeowner, 37-year-old Daniel Van Plew, with endangering the welfare of a child and second-degree harassment. The teen prankster can't be charged because of his age.
"I know the public reaction to this is, what's wrong with the parents? Why aren't they punishing the child for doing something inappropriate? I want to make perfectly clear the Madeos think ringing doorbells, while a prank, is not an appropriate thing for their son to do," said Kristie Hanson, the attorney for the teen's family.
Hanson said they're not seeking civil damages for now, but she also argues the homeowner should have been charged with more, for keeping the teen from leaving the home.
"Him coming home bloody and a 37-year-old man tackling this 14-year-old in the street and dragging him back in the house is highly inappropriate," said Hanson.
Still, there are questions to be answered - like whether the teen was tackled on or off the property. Hanson said he was bruised and bloodied - braces broken, and almost lost teeth. Van Plew's attorney said his client offered the teen a Band-Aid, even though the boy threatened them with a knife that turned out to be a cell phone.
Gerstenzang said, "My understanding was that he was very, very angry and very profane."
We've learned the father of the teen is Rob Madeo - a well-known Times Union blogger who declined to be interviewed. His attorney said the problem lies with the man who reacted to his doorbell being rung.
"Maybe you should take your outrage to the homeowner," said Hanson.
"We're talking about split seconds," said Gerstenzang. "You have no idea who's out there. Are they men? Is it a home invasion? Will they come back?"
Meanwhile, Van Plew is expected to be in court in a couple weeks, but the attorney for the family said they just wish they could unring the bell that they didn't ring in the first place.