Charles H. Wroten, the Level 3 sex offender who lives at 214 S. Swan St., upper, was originally classified as a Level 2 offender at the time of his scheduled release from state prison for raping a 15-year-old girl.
But after the order was signed, prosecutors in the case learned that his prior conviction for burglary in South Carolina was a little more than breaking into the house.
According to court documents (PDF):
[Defendant] did enter into the residence of [the victim] with intent to commit a crime, in that he did enter into the bedroom of a 12 yr old female and did feel her body and did make an effort to get this 12 yr old girl to have sex with him.
Entrance into this residence was at 4:30 AM in the night time.
Wroten appealed the re-evaluation. The document linked above is from the appeals court that heard his case and ruled against him.
The risk level of sex offenders in New York is determined by a worksheet that assigns points for various factors to gauge the likelihood of a person repeating an offense. Wroten's points initially put him at the high end of a Level 2 sex offender, but when prosecutors found out the violent nature of his burglary conviction in South Carolina, it added 15 points to his evaluation, so they sought to have him immediately reclassified as Level 3.
Councilwoman Rose Mary Christian raised the issue of Wroten's residence at the Batavia City Council meeting last night, saying she had received numerous inquiries from citizens wondering what could be done about it.
At her request, an informational meeting has been scheduled for 7 p.m., March 16, with Police Chief Randy Baker and Det. Rich Schauf at the Batavia Police Station.
