Berne man arrested for messaging, touching 13-year-old

— Photo from the Albany County Sheriff’s Office

John E. McIntyre

BERNE — A registered sex offender who lives near the school and library in Berne has been arrested as part of an ongoing sex-abuse investigation after he messaged a 13-year-old girl and had “inappropriate physical contact with her,” police say.

Albany County Sheriff’s investigators were informed on Friday, Oct. 12, of “inappropriate communications” between a 13-year-old girl and John E. McIntyre, 31, of Berne, according to a report from the sheriff’s office. Chief Deputy William Rice said that a tip about McIntyre messaging and texting the girl was sent to the sheriff’s office, and that McIntyre was arrested that same day.

McIntyre, who lives at 1755 Helderberg Trail, is a Level 2 registered sex offender; the state sets three levels with Level 2 representing a moderate risk of repeat offense.

The investigators learned that McIntyre had been texting the girl and messaging her over Facebook and SnapChat. He also met the girl in Berne and had “inappropriate physical contact with her,” according to the report. Rice said the contact wasn’t forced, but is considered non-consensual due to the victim being a minor.

McIntyre had also not registered several of his online accounts with the New York State Sex Offender Registry, as he is required to, the report said. Rice said this refers to the Facebook and SnapChat accounts. McIntyre had also been convicted in 2015 when he did not register his new address.

McIntyre’s current address is about 40 feet from the Berne-Knox-Westerlo Elementary School, on the other side of Helderberg Trail, and about 100 feet from the Berne Public Library, to which it is adjacent. The Sex Offender Registration Act does not restrict where a sex offender may live, but he or she may be limited — under other state laws — from living within 1,000 feet of a school or a similar facility if under parole or probation supervision.

“We knew he was next door,” said Berne library manager Kathy Stempel.

Stempel said that library staff had been notified when McIntyre moved to the area. She said that, although he couldn’t be prohibited from using the library, staff made sure to keep aware of the situation.

McIntyre was charged this week with two counts of failing to register. Due to previously being convicted, he is in violation of the Sex Offender Registration Act, a felony. He was also charged with endangering the welfare of a child and forcible touching, both misdemeanors. McIntyre was arraigned in Knox Town Court because both Berne judges were out of town. He was sent to Albany County’s jail without bail. According to the report, the investigation is ongoing and more charges are expected.

Rice said that the investigation is still ongoing and that more charges are expected to be made against McIntyre. He said that warrants will be issued to search McIntyre’s electronics, such as his cell phone and video-game console.

McIntyre had been sentenced to 10 years’ probation in November 2006 after he was convicted of sexual contact with an 8-year-old girl in 2004; the victim was not a stranger and no force or weapon was used, according to the registry. The Cohoes Police Department made the arrest; Rice said McIntyre had previously lived in Cohoes. McIntyre’s employment is listed on the registry at 34 Lake Shore Drive in Watervliet, where there is an apartment complex.

Rice said that while McIntyre was on probation letters would have to be sent, notifying his neighbors of his status as a sex offender, and would no longer be sent after his sentence was completed. McIntyre’s move to Berne may have been before 10 years had passed from his conviction, but Rice said it was possible he had gotten off early.

In February 2007, when McIntyre was 19 years old, shortly after his conviction, he moved to an apartment on Witter Road in Knox. The Berne-Knox-Westerlo School District sent letters home to parents and guardians of its elementary-school students, informing them that a sex offender had moved into the district. The district received the information about McIntyre not from from the usual channels like the sheriff’s office, but from Altamont Elementary School Principal Peter Brabant. McIntyre’s probation was scheduled to end Jan. 11, 2017.

A BKW parent phoned The Enterprise at the time, calling for more stringent measures against sex offenders.

“Otherwise, it’s going to keep happening,” she said.

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