By RICK MILLER
Olean Star
LITTLE VALLEY — A former Cattaraugus County Probation Director was sentenced in County Court Thursday by Acting County Court Judge Nicholas A. DiCerbo to six months in the county jail and ten years probation for his guilty plea to one count of possession of sexual performance of a child under age 16.
Acting County Court Judge Nicholas A. DiCerbo, Jr. gave Sharbaugh the maximum sentence permitted under the parties’ plea deal, which was capped at six months of jailtime and ten years probation. DiCerbo was assigned to the case after Cattaraugus County Court Judge Ronald Ploetz recused himself.
Judge DiCerbo acknowledged that ADA Jessica Ungaro likely sacrificed her job in Cattaraugus County by pursuing the case against Sharbaugh. He said that if he had known the extent of the allegations against Sharbaugh, which only came to light during the pre-sentence investigation, he would not have approved the plea deal.
Sharbaugh was allowed to resign his position as Probation Director in early 2025. The investigation ensued in earnest after his resignation, when County IT Department employee reached out to a Detective in the Sheriff’s Department after viewing Sharbaugh’s county devices.
Sharbaugh, formerly of Limestone, resigned his post as Probation director in January 2025. That resignation came after a complaint was filed with the county’s human resources office and an investigation found thousands of pornographic images of young girls on both his work and personal electronic devices.
Sharbaugh was later named in a 12-count indictment involving child pornography by a Cattaraugus County grand jury and was extradited from his home in Florida. He pleaded not guilty to the charges in county court in September.
The charges included nine counts of possession of sexual performance by a child and three counts of promoting a sexual performance by a child.
Former first assistant district attorney Jessica Ungaro, who now works for the Allegany County District Attorney’s Office, said Sharbaugh “took a vow to this community to protect and to serve it to oversee the probation department, and make sure that the people who came through that program followed the laws and to assist them in becoming productive members of this society.”
Ungaro said a presentence interview with sex offense counselor concluded with the counselor noting if she had more information, her opinion that Sharbaugh wasn’t a risk “could be very different because the evaluation was self-reported.”
Sharbaugh “knew what he was doing,” Ungaro said. “He knew what he was doing.” He accessed dark web portals where he found sexual images in the child pornography he pleaded guilty to.
A forensic examination of his devices — both personal and work-related — also found thousands of images of children under the age of 10 in thongs and heels, she said.
These actions go to Sharbaugh’s state of mind and should be considered by the court in sentencing.
She recommended the split sentence of six months in the county jail — the maximum under the law — and 10 years’ probation.
In his remarks, Sharbaugh’s attorney, Frank LoTempio of Buffalo said he saw a man with an addictive personality and an alcohol issue rather than the devious man described by Ungaro. He did “a lot of good in this community” as probation director.
In arguing for probation, LoTempio said the only purpose of jail would be punitive and agreed that “imprisonment is part of the process.”
Sharbaugh has a level of embarrassment, LoTempio said, calling it a nightmare. He has a wife and daughter and a job in Florida as a night worker at a Lowe’s warehouse. “I don’t see the purpose of incarceration.”
In remarks to the court, Sharbaugh apologized to friends, family and co-workers. He said many in court found him “arrogant, cocky, entitled and holier than thou. I thought that my position, my experience, my education and my titles made me something.” He was somewhat emotional and remorseful in his remarks.
Sharbaugh said he would never be able to make amends. “All I can hope to do is to do better. It’s been a terrible thing. But through this, through losing almost everything, I’m better when forced to confront the parts of me that I didn’t want to acknowledge better. I look forward to being able to do that — to be better.”
DiCerbo commented that Sharbaugh’s actions, saying, “I have a lot of problems with as a father, as a citizen, as a person.”
The judge commended Ungaro for her argument that the case be pursued in the interest of justice, which “was not lost on this court. I just want to commend you for following your moral compass to see that justice is done here.”
In addressing Sharbaugh, DiCerbo said he should be “indebted to your attorney for working out this plea agreement under these circumstances. It was a pretty good deal by all accounts.”
In his position as probation director, Sharbaugh was in a position of trust, of overseeing people in the criminal justice system, DiCerbo said. “Your conviction constitutes a great breach of that trust, which I find particularly egregious.”
The judge said he believed Sharbaugh used his experience as a probation officer to minimize his culpability. He noted the lack of identifiable victims constrained the prosecution, but said he found the investigating officer’s statement compelling.
DiCerbo said Sharbaugh was fortunate that he was constrained by the plea agreement and maximum sentencing directive.
In addition to the six months in jail and 10 years’ prohibition, DiCerbo fined Sharbaugh $5,000, a $375 surcharge and $1,050 to sex offender registration.
DiCerbo set June 12, for a SORA (Sex Offender Registration Act) hearing to determine what risk classification Sharbaugh will be assigned. The risk levels are 1-3, with three being the highest level.
LoTempio asked the judge to delay sentencing, but DiCerbo said the sentence would begin immediately and Sharbaugh was led from the courtroom in handcuffs.
Ungaro said she expects to ask the judge to have Sharbaugh listed as a level 2 offender, while LoTempio indicated he would seek level 1 status at the hearing.
“He needs to be supervised,” Ungaro said of Sharbaugh. “This agreement allows for that for the next 10 years. His devices will be monitored. This cannot happen again.”
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All Rights Reserved. Star News LLC. Eric M. Firkel.
