Prosecutor and Judge agree there was no proof to support charges against Andreano
By: Eric Firkel, Olean Star – firkeloleanstar@gmail.com
City Court Judge George Panebainco dismissed all charges against Olean Principal Jeff Andreano this morning, with prejudice.
The Court granted Andreano’s motion to dismiss, finding that there was no proof to substantiate that Andreano had committed any crime (Harassment or Endangering the Welfare of a Child) arising out of the December incident at Olean High School.
Andreano’s attorney, Barry Covert filed motion last month seeking to dismiss the case arguing that the facts were facially insufficient to sustain the charges. The Special Prosecutor agreed.
After reviewing the video of the incident, Special Prosecutor Daryl Brautigam said that he could not in good conscience oppose the motion to dismiss. Brautigam told the court that as a special prosecutor, he was brought in after charges were proffered and that he had no role in charging Andreano.
Judge George Panebianco repeatedly told Jeff Andeano that he did not do anything wrong. The Judge continued, stating that Jeff acted completely appropriately, that he did not do anything wrong to the student. The Judge lauded Andreano for his conduct and said that “if my son were in high school I would want a principal like [Andreano] to be the principal.” The Judge reasoned that Jeff’s only alternative to attempting to stop the student was allowing him to pass by and potentially harm other students.
The Judge said that there was no evidence on the video of Jeff choking or putting his hands on the student’s neck. The video showed at least five adults for over two minutes trying to stop the student from going down the hallway, but the student would not stop. The very large student continued to bull rush the Olean High School staff, moving three to five adult men at one time, all while spewing profanity and racial slurs against OHS teachers and staff.
Barry Covert said, this was “a highly unusual court proceeding in the sense that I’ve never had a judge indicate both that the charges were insufficient and there was absolutely no proof to support the charges and then have the Prosecutor say he could not oppose the motion to dismiss.”
Judge George Panebianco is a Jamestown City Court Judge, but was sitting today as an Olean City Court Judge due to the recusal of Olean City Court Judge Nicholas A. Dicerbo Jr.
For more reporting, visit OleanStar.com
