Kingston, NY—Charles Burgher, age 32, of Highland, NY was convicted of five counts of rape in the second degree and three counts of criminal sexual act in the second degree following a fourday jury trial before the Honorable James Farrell. Defendant faces significant period of incarceration in state prison when he is sentenced; he was remanded without bail pending sentencing on December 8, 2023.
This conviction stems from a course of conduct occurring between August 2022 until November 7, 2022, when defendant was arrested after a five-and-a-half-hour standoff with law enforcement at the 9W Motel in the Town of Ulster. Defendant finally surrendered to authorities when the Kingston-Ulster Emergency Services Unit was about to force entry into the room. The defendant and child-victim were neighbors residing in Highland for the better part of 2022 and the victim regularly watched the defendant’s four children.
On Monday, November 7, 2022, the child-victim's mother filed a missing person’s report with the Town of Lloyd Police Department when she did not return home from school. An investigation led law enforcement officials to the 9W Motel in Lake Katrine, where the child was recovered safely. She was brought to the hospital where a Sexual Assault Nurse Examiner collected forensic evidence that ensured this prosecution and conviction.
“This case highlights the commendable cooperation by multiple law enforcement agencies in Ulster County. The Town of Ulster Police Department captured the defendant in the nick of time as he had planned on running off with the child the following morning to New York City to begin a new life with her. We thank the Jury for their consideration of the facts and evidence in this case.” said Senior Assistant District Attorney Nicholas LaStella.
“The child-victim displayed a lot of courage in taking the witness stand and testifying in detail about the repeated acts of sexual assault committed against her by the defendant. Sex crimes against children will not be tolerated in our community; we need to continue to dedicate resources to ensure prosecutors and local law enforcement officers are provided the resources, specialized training and community support they need to effectively investigate and prosecute these crimes,” said Deputy Chief Assistant District Attorney Culmone-Mills who also serves as the Chief of the Special Victims Bureau.
The case was prosecuted by Senior Assistant District Attorney Nicholas LaStella and Deputy Chief Assistant District Attorney Elizabeth Culmone-Mills. The defendant was represented by Chief Assistant Public Defender Cliff Owens and Senior Assistant Public Defender Tom Melanson of the Ulster County Public Defender’s Office.
