Newburgh man convicted in septic pipe dispute over property damage

A long-running Newburgh neighbor dispute over a septic odor ended with a criminal conviction after a jury found Nicholas Gemma guilty of damaging his neighbor’s property. The 74-year-old Newburgh man was convicted June 18 in Town of Newburgh Court of criminal mischief in the fourth degree, turning a private feud into a court case that now heads to sentencing in September.

The case centered on a December 13, 2025 incident that brought Town of Newburgh police to the residence after damage was reported to the septic pipe. The victim told investigators he watched surveillance video while at work and saw Gemma go onto the property and cut the pipe at the rear of the house with a saw. When the victim returned home, he said he could not use the toilet, sink or shower because of the damage.

Prosecutors said this was not a one-time outburst. According to the Orange County District Attorney’s Office, the pipe had been cut at least twice before, part of an ongoing dispute over odor that had dragged on between neighbors. The Orange County Department of Health, however, found no violations of New York State or Orange County sanitary codes, undercutting the claim that the repeated damage was justified by a code problem.

District Attorney David M. Hoovler said the case showed why neighbor disputes should stay in civil channels and not turn into vigilante action. He also said the repeated cutting of the pipe created a hazardous situation and forced costly repairs. Hoovler thanked the Town of Newburgh Police Department for its investigation, while Assistant District Attorney Sarah Sheeler tried the case with Executive Assistant District Attorney Michael Milza also involved.

The conviction gives Orange County prosecutors another example of how a neighborhood grudge can cross the line from nuisance to crime when someone takes matters into their own hands. With sentencing scheduled for September 15, 2026, the case is now moving from the evidence presented to a jury to the consequences Gemma will face for the damage done in the backyard of a Newburgh home.