Erie County District Attorney John J. Flynn announces that Orchard Park Village Court Justice James C. Cosgrove has found 51-year-old Robert F. Dinero of Orchard Park guilty of one count of Trespass (violation). Justice Cosgrove rendered his decision after a one-day bench trial on Thursday evening. The defendant was ordered to pay a $75 fine and $125 surcharge.

On December 9, 2021, at approximately 5:56 p.m., the defendant knowingly entered and unlawfully remained inside Orchard Park Middle School in violation of the school district’s regulations governing entry of the school building. The incident occurred after the Orchard Park Central School District notified the defendant that he was prohibited from entering any school building following a violation of the district’s Code of Conduct.

Justice Cosgrove found the defendant not guilty in a separate alleged incident and the case was dismissed.

A temporary no-contact order of protection, issued on behalf of the school district, remains in effect. The matter is scheduled to return on Thursday, March 2, 2023 at 5:00 p.m. for further discussion regarding a final no-contact order of protection.  

The defendant also has two pending criminal cases for allegedly trespassing on school property after being banned by district officials and communicating with a school official while knowingly in violation of an existing order of protection.

It is alleged that on January 14, 2022, at approximately 9:17 a.m., the defendant knowingly and unlawfully entered Ellicott Elementary School in violation of the school district’s regulations governing entry. The defendant is also accused of entering the elementary school a second time, at approximately 11:38 a.m., on the same day.

Dinero was arraigned on one count of Trespass (violation) on January 18, 2022.  At his arraignment for the alleged violation, the Court issued a temporary no-contact order of protection that prohibited the defendant from communicating with school district officials.

It is further alleged that on Wednesday, April 27, 2022, at approximately 11:48 a.m., the defendant intentionally sent an e-mail to the Superintendent of the Orchard Park School District while knowingly in violation of an existing order of protection.

Dinero was issued an appearance ticket. He was arraigned on one count of Criminal Contempt in the Second Degree (Class “A” misdemeanor) on June 21, 2022.

A return date on the two pending cases in Orchard Park Town Court has not been scheduled at this time. Dinero remains released on his own recognizance as all of the charges are non-qualifying offenses for bail.

DA Flynn commends the Orchard Park Police Department for their work in these investigations.

All of the cases are being prosecuted by Assistant District Attorney Jia-Chir Chiu of the Justice Courts Bureau.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.