Canandaigua man sentenced 1-3 years in tampering case
Posted at: 10/01/2012 3:48 PM
By: Messenger Post Newspapers | WHEC.com
A Canandaigua man who pleaded guilty to tampering with evidence related to the death of a man's whose body was found in the Canandaigua Lake Outlet was sentenced Monday morning to a minimum of one year, and a maximum of three years in prison by Ontario County Judge Craig Doran.
David E. Miller, of 4361 Lakeshore Drive, was arrested after moving personnel effects from the body of Lewis McCall about an hour before the body was discovered, said Canandaigua City Police. McCall, 66, was found dead in shallow water about 8 a.m. June 24 in the outlet. Police said in June that a fight that occurred sometime June 23 in the area of 699 S. Main St. -commonly referred to as Old Wegmans Plaza - may be related to McCall's death.
"The court is mindful of the nature of the criminal investigation, and with the seriousness of the crime that the evidence tampered with was related to," Doran said in court.
Miller declined to comment in court.
McCall's daughter, Jody Peters, of Rochester was in the courtroom Monday, and she wasn't satisfied with the outcome. Peters added that she has visited Miller in jail, and would like to know more about the alleged fight the night before her father's body was found.
"I don't feel justice is being served," Peters said.
Sgt. Scott Kadien said the case is still open and being investigated.
"We want to be able to give family and friends the answers, we want to be able to give the community the answers that they deserve and want," Kadien said. "Unfortunately, it's a slow process and we hope to one day be able to give them those answers."
Kadien added that no one else has been charged in relation to McCall's death; however, two people involved in the alleged fight the night before are "part of the investigation."
There has not yet been a determination whether the case is an accidental death or a homicide, he added. New York State Police are also assisting with the investigation.
Miller was represented by Chris Eaggleston and Ontario Assistant District Attorney James Ritts was the prosecutor.