An Ontario County jury convicted a man of criminal contempt and stalking Wednesday after prosecutors said he repeatedly called and threatened a person protected by a court order in Canandaigua.
Rafael Nieves-Cruz, 35, was found guilty after a trial in Ontario County Court, according to a Thursday release from District Attorney Jason MacBride's office. The verdict covers first-degree and second-degree criminal contempt and fourth-degree stalking.
Prosecutors said the case arose from incidents over four days in February in the town of Canandaigua. A stay-away order issued Feb. 3 barred Nieves-Cruz from contacting the protected person.
Evidence presented at trial showed that he repeatedly called her despite being directed to stop, the district attorney's office said. During the calls, he threatened to stab her, causing her to fear for her safety, according to prosecutors.
First-degree criminal contempt is a class E felony. Second-degree contempt is a class A misdemeanor, and fourth-degree stalking is a class B misdemeanor.
Assistant District Attorney Patrick Russi prosecuted the case before Judge Stefanie Barnes. Defense attorney Jason Housel represented Nieves-Cruz, and the Ontario County Sheriff's Office conducted the investigation.
Nieves-Cruz remains in custody pending sentencing at 9:30 a.m. Dec. 22 before Barnes, the district attorney's office said.






