By RICK MILLER
Olean Star
LITTLE VALLEY — Former Cattaraugus County Probation director Michael R. Sharbaugh pleaded guilty Friday to one count of a 12-count indictment involving possession and promotion of images of a sexual performance by a child.
Sharbaugh, 53, formerly of Limestone, had been indicted this summer on nine counts of possession of a sexual performance by a child under 16 and three counts of promoting sexual performance by a child. He had resigned his post in January and moved to Florida.
Sharbaugh’s attorney, Frank LoTempio of Buffalo noted the plea agreement included a cap on the sentencing of six months in jail and 10 years’ probation. He said later he would seek probation for Sharbaugh.
The former probation director, who had been released from jail in September on $100,000 cash bail, pleaded guilty to one count of the highest charge — possession of a sexual performance by a child — said First Assistant District Attorney Jennifer Ungaro. State sentencing guidelines for the Class B felony is 1 ⅓ to 4 years in state prison.
Ungaro confirmed the sentencing cap and said Sharbaugh would be required to register as a sex offender.
Acting Cattaraugus County Court Judge Nicholas A. DiCerbo Jr., ordered a pre-sentencing report by the Probation Department and set sentencing for Feb. 6 at 10 a.m.
Under questioning by the judge, Sharbaugh admitted to knowingly possessing a sexual performance by a child in the town of Carrollton on Feb. 11, 2025. He acknowledged the image was a picture of a child less than the age of 16 engaged in oral sexual conduct with an adult male.
The judge agreed to a request by LoTempio to allow Sharbaugh to return to his home in Florida during the pre-sentencing investigation. The court has retained Sharbaugh’s passport and an order not to travel out of the country remains in effect.
If Sharbaugh violates his probation or fails to show up for sentencing, DiCerbo said he would not abide by the sentencing cap and allow Sharbaugh to withdraw his plea. In addition, the judge said if anything very egregious comes up during the pre-sentencing investigation the sentencing cap could also be withdrawn and Sharbaugh could withdraw his plea.
Ungaro said the District Attorney’s Office accepted the sentencing cap, and would oppose probation.
Why didn’t she seek a maximum sentence?
Ungaro said the images found on Sharbaugh’s personal and work cellphones and work computer were not in a database of child images known to be age 16 or under. The age of the children in some of the images could not be proven, she said, but there did not appear to be many images of very young children. Most appeared to be ages 15-17, she added.
“That he took a plea this quick is an indication of the strength of our case and our investigation,” Ungaro said.
The three counts of promoting a sexual performance by a child stemmed from Sharbaugh emailing the images to his work email, Ungaro said.
As part of the plea agreement, Sharbaugh gave up any right to appeal the sentence to a higher court.
Cattaraugus County Court Judge Ronald D. Ploetz had recused himself from the case. Sharbaugh had appeared regularly before Ploetz in County Court in his role as probation director.
