Ongoing 'Malodorous' Dispute: 74-Year-Old Sawed Neighbor's Septic Pipe For Third Time

TOWN OF NEWBURGH, NY — An ongoing dispute between neighbors has created a crappy situation for everyone involved, according to prosecutors.

Orange County District Attorney David M. Hoovler announced that 74-year-old Nicholas Gemma, of Newburgh, was convicted last Thursday, after a jury trial, of fourth-degree criminal mischief.

He is scheduled for sentencing on Sept. 15.

According to court documents, on Dec. 13, Town of Newburgh Police Department officers responded to a home in the town after receiving a report of damage to a resident's septic pipe.

The victim told police that while he was at work, through surveillance video, he saw his neighbor go onto his property and cut the septic pipe at the back of his house with a saw.

When the victim returned home, he was unable to use the toilet, sink, or shower due to the damage.

Authorities say that this was at least the third time that Gemma had cut the victim's septic pipe as part of an ongoing dispute about a pipe that Gemma claimed was malodorous.

During trial, in response to Gemma's claims, evidence was presented that the Orange County Department of Health had not found any violations of NYS or Orange County sanitary codes.

Hoovler thanked the Town of Newburgh Police Department for their investigation which led to the arrest of Gemma.

"Neighbor disputes need to be resolved between the parties in a civil fashion and should not devolve into vigilante criminal behavior," Hoovler said. "This defendant's actions created a hazardous situation that needlessly required costly repairs. Law enforcement will continue to diligently enforce the laws of the state to protect people and property. My office remains committed to holding accountable those who engage in such criminal behavior."