By ANTHONY BOTTAN and
Mary Malloy
Francisco Avila, 43, of Uniondale, was arrested at his home last Thursday night and charged with two counts of Endangering the Welfare of a Child. According to Lynbrook Police Detective Fred Fusswinkel, who worked on the case with Det. Mark Polstein, said his department received a complaint from a concerned parent, which in turn opened up an investigation into the North Middle School custodian.
The investigation uncovered that on Dec. 21, Avila opened a 13-year-old female student's locker and left a key chain with an "N" on it, which Avila said he gave her because he liked her, police said. On Valentine's Day, the same female student opened her locker and found a heart-shaped box of chocolates and a box of candy hearts with Avila's name on it. The next day, he told the girl to come to his office. While there, he gave her a pack of chewing gun with a $100 bill in it, along with a note with his cell phone number on it, asking for the student to call him, police said. That same day, Avila had a conversation with a 14-year-old female student via text messages, inviting her to a movie.
Assistant Superintendent for Curriculum, Instruction and Personnel for the Lynbrook school district, Dr. Santo Barbarino, said Avila had been employed by the district since January 2007 and had a clear history before joining the North Middle School staff. "We did all the necessary things for clearance," Barbarino said. "We did finger-printing and made reference calls, and everything indicated a clear background."
Barbarino admitted that the allegations against Avila surprised him. "His work had always been very good," he said. "He took pride in the building, so this came as a great surprise."
Since Avila's arrest, Barbarino said the district has suspended Avila and are looking to terminate his employment. Superintendent Philip Cicero sent letters to parents explaining the incident and what action the police and district are currently taking. Nassau County Police Detective John Azzata said that the police will be investigating Avila for any possible priors.
Assemblyman Bob Barra is currently trying to pass legislation that would require Avila to register under Megan's Law if convicted. "This legislation will stop the grooming of our young children by these pedophiles who try to create a friendly environment around children," Barra said. "They use these manipulations with the hope that they can eventually gain greater access to the youngster, and ultimately commit their heinous acts."
Avila was arraigned on Friday, Feb. 29 in First District Court in Hempstead.
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