Ice cream vendors’ case scheduled for trial in Aug.
GLOVERSVILLE – The local ice cream truck operators accused of harassing another ice cream vendor last year had their criminal case set for a non-jury trial in City Court in August.
Amanda Scott and Joshua Malatino, both of 62 East Blvd., were charged with second-degree harassment, a violation, and fourth-degree stalking, a misdemeanor.
The couple’s attorney, Bill Lorman, said Wednesday he was unable to negotiate a plea arrangement with the Fulton County District Attorney’s Office, which resulted in his clients’ decision to take the matter through the trial process.
Police said Malatino and Scott harassed and stalked the Mr. Ding-A-Ling driver, Philip Hollister, three times in April 2013.
Police said Scott and Malatino followed the rival truck, played their music at high volume and yelled that they had free ice cream in an attempt to draw customers away from the other truck.
Authorities said Malatino told the Mr. Ding-A-Ling driver that Malatino’s business controls the ice cream sales market in the city.
In an unrelated incident, Hollister was later arrested and charged with driving the Mr. Ding-A-Ling truck while intoxicated. He was later fired from his job as a driver.
The city denied the renewal of Scott’s permit on the recommendation of Police Chief Donald VanDeusen. Scott then took the city to court. In June, state Supreme Court Justice Joseph M. Sise allowed the city to deny the business’ owner a permit.
Malatino said Wednesday the attention the case received from local and national media didn’t affect the business over the last year.
“It hasn’t affected business at all,” Malatino said.
He said the business is still operating in some of the local communities, including the city of Amsterdam.
However, the parents and children of the city will see the familiar ice cream truck in their neighborhoods, as well; the Sno Kone Joe vehicle has been leased to another ice cream business, according to a recent vending permit.
According to documents in the City Clerk’s Office, Robert Baldwin is now operating the truck under the business name Bob Scott Wood.
Officials said the operator has been given a conditional one-month permit, which will be renewed on a monthly basis as long as no problems occur.
VanDeusen said Baldwin has given the city paperwork attesting to the fact he is the sole proprietor. VanDeusen said the only involvement Baldwin has with the previous operators in the city is leasing the vehicle and getting the ice cream products from them.
Malatino said after the matter has been settled through a verdict in City Court, he and Scott may decide to take the city to court again to operate the truck themselves within city limits.
“I think it’s been more of a personal issue with the city and chief of police,” Malatino said Wednesday. “I think when we have a verdict or ruling we may take the city back to court.”
Scott and Malatino are scheduled to appear in City Court again Aug. 21 with Scott’s case beginning at 9 a.m. and Malatino’s case starting at 1 p.m.