May 27, 2021 at 2:44 p.m.
Donato charged with second felony for allegedly photographing teen
Donato charged with second felony for allegedly photographing teen
By River News Staff-
Disorderly conduct and felony bail jumping charges were filed against registered sex offender John J. Donato on March 23. A third count of a registered sex offender intentionally photographing a minor without consent was added in an amended complaint filed March 25.
Donato appeared in Oneida County Circuit Court May 17 with his public defender Collin Mettelka.
Mettelka waived further reading of the criminal complaint and asked that the matter be set for a preliminary hearing. Judge Patrick O'Melia responded by scheduling the hearing for June 2.
O'Melia presided over a 2019 case in which Donato was charged with two counts of fourth-degree sexual assault in connection with an incident where he groped a sales clerk in the Rhinelander Kohl's store. As part of a plea agreement, one count was dismissed and Donato was sentenced to 9 months in jail on the other.
In a 2016 case, Donato was charged with second-degree sexual assault of a child and causing mental harm to a child for inappropriately touching a child in the school supply section of the Rhinelander Walmart. Donato pled guilty to both charges as part of a plea agreement and on the sexual assault charge, a class C felony, O'Melia withheld sentence and placed him on probation for 10 years. He deferred entry of judgment on the other charge.
According to the police report attached to the criminal complaint in the new case, the Oneida County dispatch center received a report that two women were being followed by a man who was taking photos and videos of them without their permission.
When an RPD officer arrived on scene, he spotted a man crossing Brown Street who matched the witnesses' description of the alleged photographer. The officer recognized the man as Donato and knew he was a registered sex offender. The report said that Donato turned over his cellphone to the officer, who found additional photos of women and young girls, including some inside of Walmart.
A condition of the deferred entry of judgment (DEJ) agreement that settled the previous cases was that Donato could not enter Walmart or Kohl's premises.
During the March 23 hearing, assistant district attorney Mary Sowinski asked that a cash bond be set and indicated that the DA's office intends to file to reinstate the DEJ in the 2016 case.
"Under the circumstances, I don't think it is appropriate for probation to determine whether he's in custody at this time," Sowinski said. "He is a danger to the public. Touching of unsuspecting strangers in stores, in public, particularly young girls, is going to happen if this continues."
Donato remains in the county jail on a probation hold as well as the $7,500 cash bond set in March.
He faces up to 12 1/2 years in prison if the DEJ is revoked. If convicted of the bail jumping charge, he faces up to 6 years in prison. He also faces 3 1/2 years on the photographing minors charge.
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