Delhi News Bureau

FRANKLIN — Three college students appeared in Franklin Town Court on Thursday to answer charges that resulted from a fraternity pledge ritual that destroyed a century-old ornamental cedar tree in the Ouleout Valley Cemetery.

Matthew Metaxas, 19, of Center Moriches, Brian Gerke, 20, of Staten Island and James Johnson, 18, of Lindenhurst each pleaded guilty to trespassing, a violation. They were originally charged with fourth-degree criminal mischief, a misdemeanor.

Metaxas and Gerke were each fined $100 and each ordered to pay $500 in restitution. Johnson was fined $50 and paid $400 in restitution.

Gerald W. Laing, president of the Ouleout Valley Cemetery Association, said the destruction in the cemetery occurred April 17.

Franklin Town Justice Donald Smith told the students they would have no criminal history. Smith then asked if anyone wanted to address the court.

Elsworth Griffin, treasurer of the cemetery board of directors, said: "I think these fellas ought to learn from what they have done. You don't always follow your peers. You are out in the big world now, and when you get in trouble, the trouble follows you.

"There is a tradition in these towns that the cemeteries are important. We are proud of them and they are where our ancestors are. Carry this message back to your leaders. Tell your peers that our cemeteries are off limits."

Smith then gave the three students an opportunity to address the three members of the cemetery board who attended the court session.

"I know damage has been done that can't be reversed, but there was no malicious intent," Gerke said, after apologizing. "It was a simple, honest mistake."

Metaxas said, "I'm sorry. This shouldn't have happened; we shouldn't have been there."

Johnson added, "People make mistakes, and this was a very bad mistake."

Laing said he was shocked when he first saw the damage in the cemetery.

There was evidence of a bonfire in the main entrance roadway, about 50 yards from the main gate. The fire had been built using rags, papers and branches broken from hydrangea bushes, which grow in the cemetery. The ground around the bonfire was littered with beer cans, papers and a baseball cap, according to Laing.

In the rear portion of the cemetery there were torches made of hydrangea branches wrapped with underwear. The torches were near the cedar tree, which was destroyed, Laing said.

"That beautiful old tree was burned to a crisp," Laing said. "In fact, it was still smoldering and two graves near it were completely burned to black ash."

Delaware Deputy Joseph Andreno said the men admitted they were pledging a fraternity, but deputies were unable to determine which one.

Delaware County Assistant District Attorney Frank Wood worked out the plea to reduce the charge to a violation.

"It took so long to have closure in this case because the boys were earning the money to pay the fines and restitution," Wood said.

The fines and restitution were paid to the court in cash. Laing was given the $1,400 restitution on the spot. The cemetery board determined that the value of the tree was $1,000 and the cost of removing it totaled $400.