Peter H. Scrooby is officially persona non grata at Darien Lake Theme Park after reaching a deal with the Genesee County District Attorney's office over his July 15 disorderly conduct charge.
The 33-year-old Irondequoit resident was accused of violating 240.20 of the state penal code while attending the Kid Rock concert last summer. Tonight in Darien Town Court, he agreed to plead guilty to the charge in exchange for no jail time and no factual admission of being a disorderly person.
Under what is known as the Alfred procedure, the prosecutor recited the evidence against the defendant, who waived his right to a trial and cross-examination by witnesses. It's the same as being convicted by trial.
Scrooby was present with his lawyer, Tom Burns, and wore cream-colored pants, black shoes, a dark-brown jacket, white shirt and a geometric-patterned, olive-green tie. His shoulder-length, light-brown hair appeared uncombed.
Assistant District Attorney Robert Zickl relayed the people's version of things to Justice Gary Graber.
Security guard Kevin Nunn reported that after another security employee made him aware of Scrooby's conduct, he found Scrooby standing on a chair and smoking a cigarette, neither of which are permitted at the concert venue.
Nunn claims he told Scrooby to stop those actions and that Scrooby "seemed to ignore" the directives at first, but did put the cigarette out and seemed about to get down off the chair when Nunn left. Shortly thereafter, Nunn returned to find Scrooby once again smoking a cigarette and standing on his chair. It was then that Scrooby was told to leave and he "indicated he would not leave."
Zickl said with thousands of concertgoers present, the security team aims to handle problems as quickly and efficiently as possible so as not to incite a riot or create more trouble.
"Scrooby had to be carried from the seating area to the gate, screaming profanities," Zickl said. "At the North Gate, where people enter and leave the concert area, a guard said he was kicking and rearing back with his head. He was screaming 'Look what you're doing to me! Can you see what they're doing to me?!'"
Zickl said Scrooby's behavior constituted public inconvenience, annoyance or alarm.
Burns said his client admits smoking and standing on his chair but claims someone came on the loudspeaker and told people to stand on their chairs, which is why he did that. As for Scrooby's behavior while being removed from the concert, Burns said the way his arm was twisted behind his back caused "excruciating pain" and he displayed an "instinctive type of reaction to pain." His client also maintains that there was inappropriate conduct by security personnel.
"We ask as part of this agreement that he not be welcome back at Darien Lake," Zickl said.
Justice Graber OK'd that restriction, fined Scrooby a mandatory surcharge of $125 and ordered bail money be refunded.
Graber said concerts are necessarily more restrictive than other public activities in what can and can't be allowed.
"There's a way to walk out and deal with it later," Graber told Scrooby. "We'll consider this a lesson learned."
NOTE: This story is a follow up to an article we did July 15 about what a night is like in Darien Town Court when a big concert is being held at Darien Lake Theme Park. Scrooby was one of the defendants who came through the court room that night.