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Law and Order: Woman accused of making up story of stabbing

By Howard B. Owens

April Marie Ground, 22, of Meadville Road, Alabama, is charged with falsely reporting an incident, 3rd. Ground allegedly reported to Deputy Eric Seppala at 2 a.m. Nov. 30, that she was stabbed in the face about an hour earlier by a black female in the parking lot of a Batavia retailer. On Dec. 8, Ground allegedly admitted to Investigator William Ferrando that the stabbing did not occur.

Jason Andrew Barnhart, 24, of Pratt Road, Batavia, is charged with criminal possession of stolen property, 4th (value more than $1,000), burglary, 3rd, grand larceny (more than $1,000) and falsifying business documents. Barnhart was arrested following an investigation into a burglary and grand larceny reported at 3 p.m. Jan. 4 at a location on Veterans Memorial Drive, Batavia. Barnhart was jailed on $10,000 bail.

Kevin Bruce Martin, 28, of Route 98, Attica, is charged with petit larceny. Martin is accused of shoplifting from Kmart.

Jailed sex crime suspect accused of being child sexual predator

By Howard B. Owens

A Bergen resident already in jail and charged with multiple sex crimes against children is facing new allegations of sexual acts with children ages 11 and 14.

Stephen Irvine Stone, 45, of South Lake Road, Bergen, is now being charged with predatory sexual assault against children, criminal sexual act, 1st, and criminal sexual act, 2nd.

The alleged victims are Genesee County residents, according to the Sheriff's Office.

Stone is accused of having oral sexual conduct with a person who turned 14 in March, when Stone was 44 years old.

During the summer, Stone, who was then either 44 or 45 years old, allegedly had oral sexual conduct with an 11-year-old.

At the end of December, Stone was arrested and jailed on $100,000 bail after being accused of sodomy, 1st, rape, 1st, and criminal sexual act, 1st.

Underlying those charges were accusations that Stone engaged in oral sexual conduct with a 6-year-old girl in 1997 and 1998, that he engaged in sexual intercourse with a 13-year-old girl by forcible compulsion in 2004 and that Stone engaged in sexual intercourse with a 16-year-old girl by forcible compulsion in 2008.

Stone remains in custody on $100,000 bail pending further legal proceedings.

Accused drug dealer facing prison time after guilty plea

By Howard B. Owens

A Batavia resident once shot under mysterious circumstances and later busted with what investigators at the time characterized as a significant amount of narcotics and cash, is facing up to six years in prison after pleading guilty to a drug possession charge.

Carlos A. Torres Jr., 36, of West Main Street Road, Batavia, was on his fourth plea cut-off appearance before Judge Robert C. Noonan on Monday when he entered a guilty plea to criminal possession of a controlled substance, 4th, a Class C felony.

Noonan sets plea cut-off dates, at which point the defendant must either accept a plea bargain, take the his case to trial, or plead guilty with no conditions in place.

When Torres appeared in Noonan's court Dec. 15, it was supposed to be in order to enter a plea or proceed to trial, but Torres, being represented by the public defender, asked for a new attorney.

At his next appearance, Torres was close to retaining an attorney, and by the following appearance last week, Torres had hired an attorney but the attorney had not yet had time to review the case file.

In court today, Torres was soft spoken and kept shaking his head regretfully as Noonan went over his rights to ensure that Torres knew what he was doing in entering a guilty plea.

Torres admitted to possessing cocaine with a weight of at least a half ounce.

He will be sentenced in April. At a minimum, Torres will receive two years in prison.

Two men from Lockport accused of stealing 11 TVs from Darien Lake

By Howard B. Owens
Kaufman Hughes

Two men from Lockport have been arrested and charged with 11 counts of burglary in the third degree.

The men are accused of entering eleven cabins at Darien Lake Theme Park sometime during the fall and stealing 11 HDTVs.

The park was closed for the season at the time.

Arrested and released on their own recognizance were Robert Wakefield Hughes, 26, of Cottage Road, Lockport, and Ryan James Kaufman, 23, of East High Street, Lockport.

Hughes and Kaufman were taken into custody by Investigator William Ferrando.

Man accused of burglarizing restaurant enters guilty plea to felony charge

By Howard B. Owens

An Ellicott Street resident is facing at least two years in prison after pleading guilty to criminal mischief, 2nd, in Genesee County Court on Monday.

Paul C. Wapniewski, 55, was accused of burglarizing Delavan's Restaurant on Evans Street.

In the course of the crime, Wapniewski allegedly caused more than $2,500 damage to the property.

According to District Attorney Lawrence Friedman, Wapniewski cut himself on broken glass when entering the building and the blood evidence found there connected Wapniewski to the scene. Friedman said the DNA test demonstrates a mere one in 300 billion chance of the DNA being from the blood of a person other than Wapniewski.

Friedman discussed the evidence prior to Wapniewski's guilty plea because Wapniewski was entering what is known as an "Alford Plea." 

When a defendant enter's an "Alford Plea" he is not admitting to the crime, just pleading guilty to the charge with the knowledge that the evidence against him would likely lead to a jury finding him guilty, and if so, would likely lead to a harsher sentence.

As a second felony offender, prison time is mandatory for Wapniewski, and sentencing guidelines means Wapniewski is facing from two to four years in state prison.

Stafford resident admits to violating order of protection and DWI

By Howard B. Owens

A Stafford resident facing three felony counts of criminal contempt and a misdemeanor count of DWI faces a possible sentence of "shock probation" after pleading guilty Monday to two of the charges against him.

Eric Michael Duda, 50, who has been arrested a few times over the past two years, entered a guilty plea to one count of criminal contempt, 1st, and to DWI.

Duda will be sentenced in April and could receive some jail time followed by a period of probation.

Judge Robert C. Noonan also issued a new order of protection barring him from contact with Summer Ogden, the person Duda has previously had contact with in violation of an order of protection.

Ogden has reportedly also been ordered not to contact Duda and on two occasions when Duda was arrested for violation of the order of protection, Ogden was also arrested.

Duda is out of jail pending sentencing under supervision of Genesee Justice. He is required to be in his apartment from 6 p.m. to 6 a.m. under the terms of his release.

Alden man admits to possessing gun stolen from HLOM

By Howard B. Owens

A 55-year-old resident of Alden -- accused of stealing a flintlock rifle from the Holland Land Office Museum more than a year ago -- had a hard time pleading guilty to possession of stolen property in the 5th degree today.

Between at first not admitting to elements of the crime and not understanding some of the things he was asked by Judge Robert C. Noonan, Frank J. Bieniek almost didn't complete the guilty plea.

Bieniek blamed both the commission of the crime and his inability to focus today on ammonia created by a liver problem.

On Dec. 10, 2010, a witness reported seeing Bieniek take a long gun from the wall of the museum, put it under a trench coat, walk out and drive away.

In court today, Bieniek said, "I didn't realize I took it. I drove around and I was thinking 'something bad happened here,' so I stopped and went and looked in my trunk and I saw the gun.

"When I was stopped, I was on my way back to return it," Bieniek added.

"I was so sick that day," Bieniek told Noonan earlier. "My body was full of ammonia."

When asked about the source of the ammonia, Bieniek said, "My liver."

Later, when questioned about whether he knew at some point that he possessed the gun, and that it was stolen, and that he possessed it with intent to deprive the rightful owner of the property, Bieniek asked Noonan to repeat the question.

"The doctors still say my head (mumble)," Bieniek said. "What was the question again?"

Eventually, with Noonan patiently going through each detail of the indictment and the elements Bieniek was required to admit to, Bieniek did plead guilty.

His plea is unconditional. Sentencing on the misdemeanor offense can range from community service to a year in jail.

Sentencing is scheduled for April 4.

Law and Order: Trio accused of throwing beer bottles at moving car on Jackson Street

By Howard B. Owens

Earl B. Benson, 23, of 7 Chestnut St., Apt. #4, Batavia; Joshua M. Benson, 21, of 5003 N. Byron Road, Elba; and, Tyler J. Henderson, 23, of 10 Franklin St., Batavia, are charged with menacing, 3rd, and reckless endangerment. The three men are accused of throwing beer bottles at a moving vehicle on Jackson Street at 1:11 a.m. Saturday. The men are also accused of threatening to physically harm the driver.

Eric L. Gahagan, 32, of 25 Edgewood Drive, Batavia, is charged with harassment, 2nd, and aggravated harassment, 2nd. According to Batavia PD, Gahagan was arrested Saturday and charged with harassment for alleged physical contact with a woman. According to police, after his release, Gahagan sent several "unwanted" and "harassing" text messages. Gahagan was re-arrested and jailed on $1,000 bail.

Rodney L. Blackshear, 51, of 131 Swan St., Batavia, is charged with DWI and driving with a BAC of .08 or greater. Blackshear was stopped at 2 a.m., Sunday, on Maple Street, Batavia, by Officer Eric Bolles.

Paul C. Ficarella, 34, of 117 Bank St., Apt. #1C, Batavia, is charged with petit larceny. Ficarella is accused of stealing $69.15 worth of merchandise from Tops Market.

Amanda L. Spring, 28, of 3544 W. Main St., Batavia, is charged with criminal trespass. Spring is accused of entering a residence in the city without permission.

Monique L. Brairton, 21, of 18 Pleasant St., Le Roy, is charged with DWI, driving with a BAC of .18 or greater, possession of an open container and inadequate tail lamps. Brairton was stopped at 1:30 a.m. Monday on Bacon Street, Village of Le Roy, by Le Roy Police.

Shawn Joseph Scheg, 44, of Warboys Road, Byron, is charged with felony DWI, felony driving with a BAC of .18 or greater, failure to keep right, moving from lane unsafely and misuse of dealer/transport plate. Scheg was arrested following an investigation into a one-car accident at 12:44 a.m. Sunday on West Sweden Road, Bergen, by Deputy James Diehl.

Jason Ray Anderson, 30, of Oak Orchard Road, Elba, is charged with criminal possession of stolen property, 5th. Anderson is accused of using stolen vehicle registration paperwork to operate a vehicle.

Sean R. McMenemy, 26, of 3025 McCorkindale Road, Caledonia, is charged with DWI, driving with a BAC of .08 greater and making a right turn on a red light where prohibited. McMenemy was stopped at 2:30 a.m. Sunday in the municipal parking lot off Bank Street, Village of Le Roy, by Le Roy Police.

John R. Stella, 50, of 58 Myrtle St., Le Roy, is charged with DWI, driving with a BAC of .08 or greater, refusal to submit to a breath test, leaving the scene of a property damage accident and following too closely. Stella is accused of being involved in a hit-and-run accident at 8:15 p.m., Friday, at the intersection of East Bethany -- Le Roy Road and West Main Street, Le Roy. A witness reportedly followed Stella to his residence and directed police to the location of his vehicle. Le Roy Police arrested Stella. The accident investigation was conducted by the Sheriff's Office.

John P. Shipley, 36, of 25 Richmond Ave., Batavia, is charged with DWI. Shipley was reportedly found sleeping in his car with the motor running at 3:16 a.m., Jan. 5., on Vernon Avenue, by Officer Frank Klimjack.

Law enforcement: Increase in opiate addictions tied to recent property crimes

By Howard B. Owens

Opiates, whether in the form of prescription drugs or heroin, are an increasing problem in Genesee County, according to local law enforcement officials, and the desire of addicts to score is behind a lot of the property crime in the community, they say.

Sgt. Steve Mullen, of the Local Drug Enforcement Task Force, confirmed in a conversation this morning that while the misuse and abuse of prescription drugs has been a growing problem for a couple of years now, the use of heroin locally is something that is relatively new.

"In the last year, we've seen more heroin than ever," Mullen said. "We didn't see much heroin for years, but in the past year or 18 months we've seen a dramatic increase in heroin in the community."

Several property crime arrests recently seem tied to addicts trying to come up with the money to buy heroin, Mullen said.

"Whether it be an increase in burglaries out east, or all the car larcenies around Christmas, or petit larcenies, the majority of that is related to the abuse of drugs," Mullen said. "It allows them to continue to purchase their drug of choice."

And sometimes, the drug of choice is a substance that is legal with a prescription and potentially safe if taken as prescribed.

This includes hydrocodone and oxycontin, but Mullen said there has been an increase recently in abuse of Opana (oxymorphone).

While some addicts get hooked on these drugs because they're seeking a new high, prescription drugs have proven addictive for educated professionals who might first use them as they're legally intended (for reducing pain from a physical injury, for example).

People obtain the the drugs in a variety of ways, from stealing them (or trying to) from pharmacies, to taking them from a relative (either alive or recently diseased), or buying them from dealers.

There have also been medical professionals who write fraudulent prescriptions.

Some people figure out the system and go from doctor-to-doctor, county-by-county, getting multiple prescriptions written for bogus pain complaints.

"It's important for people to understand that just because pain pills are prescriptions, they're still opiate-based," Mullen said. "Just because it comes from a doctor doesn’t mean it doesn't carry the same addictive characteristics that heroin does and that it can't be abused or misused."

Excavator stolen from Holland High Lift in Bethany

By Howard B. Owens

In the early morning Friday, a 2005 CASE excavator was stolen from Holland High Lift on East Road, Bethany, and the Sheriff's Office is looking for information to help recover the excavator and identify the suspects.

A person or persons were seen loading the excavator onto a dual axle trailer being pulled by an extended cab pickup truck at 1 a.m., Friday.

The CASE is described as yellow and black with an extendable digging arm/backhoe with an 18-inch bucket. It has a small dozer-style blade and rubber dozer-style treads. The model number is CSX36B.

Holland High Lift is offering a $2,500 reward for information leading to the arrest and conviction of the suspect(s) who stole the excavator.

People with information that may assist in the investigation can contact the Sheriff's Office at (585) 343-5000.

Six people arrested following investigation into crack dealing in the city

By Howard B. Owens
Marsceill Kubis Wims Hill Mayl Alllen

An investigation into dealing crack cocaine in Batavia has led to the arrest of six people, including two people who were arrested on similar charges in October.

Sgt. Steve Mullen, head of the Local Drug Enforcement Task Force, said it didn't take long for Thomas L. "Blaze" Hill, 22, of Exchange Street, Rochester, and Jade Cierra Wims, 19, of Menlo Place, Rochester, to allegedly start dealing again once they were out of police custody (October's story).

"It's the pros and cons of living in a small community," Mullen said. "This is one of the pros, if you get busted once and start doing it again, it doesn't take long for the word to get out."

The six people -- four are accused of dealing crack -- were taken into custody Friday night and early Saturday morning after a search warrant was executed on a vehicle stopped on Manhattan Avenue and at an apartment at 174 Ross St., Upper.

The Ross Street residence appeared to be the base of operation for the alleged crack cocaine sales, Mullen said.

Task Force members stopped a car reportedly driven by Doris L. Mayls, 59, of Ross Street, and Mayls was allegedly found operating the vehicle while under the influence of drugs and driving on a suspended license.

A search of the vehicle allegedly turned up a quantity of crack cocaine and drug paraphernalia.

A passenger in the vehicle, Ricky A. Marsceill, 47, of Ross Street, was allegedly found in possession of crack cocaine and drug paraphernalia.

There was also a warrant for Marsceill's arrest out of the State of Florida for alleged violation of probation.

Task Force members with the assistance of Sheriff's deputies and Batavia PD entered the Ross Street residence and allegedly found Hill and Wims along with Marcus M. "Bling" Allen, 21, of Ferndale Crescent, Rochester, and Richard J. Kubis, 31, of Ross Street, Batavia, in possession of nearly an ounce of crack cocaine with an estimated street value of $1,500.

Investigators also allegedly found a quantity of marijuana.

Charges:

  • Hill is charged with two counts of criminal possession of a controlled substance, 3rd, tampering with physical evidence, resisting arrest and unlawful possession of marijuana.
  • Allen is charged with two counts of criminal possession of a controlled substance, 3rd, and unlawful possession of marijuana.
  • Wims is charged with two counts of criminal possession of a controlled substance, 3rd, and unlawful possession of marijuana.
  • Kubis is charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana.
  • Mayls is charged with criminal nuisance, 1st, criminal possession of a controlled substance, 7th, aggravated unlicensed operation and criminally using drug paraphernalia, 2nd.
  • Marsceill was arrested as an alleged fugitive from justice based on the Florida warrant.

All six were arraigned in Batavia City Court and jailed without bail.

Marsceill was arrested in Batavia twice in 2010, once for alleged DWI, and in December 2010, Marsceill allegedly tried to flee when Det. Pat Corona attempted to arrested him on a warrant out of Florida.

In September 2010, Kubis was charged with endangering the welfare of a child for allegedly giving cigarettes to minors.

The status of the previous cases, including those against Thomas and Wims, are not available at this time.

Grandma scam on the rise

By mike lewis

It's the 3rd time that I hear of this scam in Batavia and I'm guessing it's becoming a real epidemic.

The scam has been reported in almost every state and it's pretty easy to put a stop to it. Simply call your Grandma and tell her to be careful!

In this scam the crook calls and pretends to be the Grandchild. He starts the conversation with "Hi, Grandma is that you?", the eldery victim tries to guess the name of the caller and says something like "Johny is that you?". At this point the scam artist knows the name and assumes Johny's identity in order to pull of this scam.

The crook tells a story of being captures by police in Mexico, he asks for money to be urgently wired in order to get out of jail. He then adds that Grandma should not tell anyone else about this because this is a huge embarassment for him and he doesn't want anyone else to know.

Call your grandmother and tell her that this is fake. Also report this scam to FBI and to http://whycall.me

Stay safe and make sure your beloved Grandmother doesn't fall victim to these dirty scammers.

Kids today.. Our fault?

By mike lewis

Drugs,Thugs, random shooting (meant for drug/thug dealers), kids killing kids,drop outs ect. how are these punks beating us? 


We have spent generations telling kids that anything they do is OK, schools stopped any pretense at discipline or control in the 70s and society at large doesn't want to make children feel bad by telling them there are limits or that they should take responsibility for anything. 


Now we have generations of kids to whom everything is OK, kids without limits, without responsibility, and because the previous generation was just as screwed up, without fathers. 


Even most of the parents today will not own itor will not accept responsibility even if they are caught in the act. 


The how it got this way is the "how these punks are beating us" is simple.

What do we do about it, that's the difficult question?

 

Alleged fugitive from Texas waives extradition

By Howard B. Owens

A man accused of violating probation in Taxes and captured in Batavia On Tuesday appeared in Genesee County Court Friday morning and waived his right to extradition proceedings.

Terry W. Strickland, 30, of 110 Lake Park, Waxahachie, Texas, is allegedly wanted in Dallas County for a probation violation stemming from a conviction for assault with a deadly weapon. Strickland could have insisted the governor of Texas produce a warrant for his arrest and challenge any evidence of the charges' validity.

Tuesday, Batavia police officers responded to a report of a domestic incident at a residence on Dewey Avenue and, after identifying Strickland, discovered the warrant.

Le Roy PD arrests man accused of stealing purse, using credit cards

By Howard B. Owens

A 46-year-old man released from the Ontario County jail on bail was arrested by Le Roy Police on Thursday and accused of stealing a purse Dec. 20 and using the credit cards at locations in Le Roy, Batavia and Rochester.

Charged with criminal possession, 4th, a Class E felony, is Richard A. Cooke, of 327 E. Main St., Waterloo.

Cooke has two prior felony convictions, according to Le Roy Police, and had recently posted bail in Ontario County following indictments on multiple charges unrelated to the Le Roy case.

Cooke allegedly stole a purse Dec. 20 from a business on Lake Street.

With the help of surveillance video and the assistance of the Monroe County Crime Analysis Center, Avon Police and the Ontario County Sheriff's Office, New York State Police and the Waterlook PD, Cook was identified as the suspect.

Further charges in Genesee County may be pending.

Following arraignment in Le Roy, Cooke was jailed without bail.

Law and Order: Alleged shoplifter accused of giving deputy false ID

By Howard B. Owens

Andrei Peter Sliker, 20, of 220 W. Main St., Batavia, is charged with petit larceny and criminal impersonation. Sliker is accused of stealing $10.75 in merchandise from Kmart on Tuesday. When approached by Kmart security, Sliker allegedly fled. When Deputy Chad Minuto located Sliker at his apartment, Sliker allegedly claimed to be another person in order to avoid being taken into custody. Sliker was jailed on $500 bail.

Dexter Lee Turner, 20, Start Street, Medina, is charged with petit larceny. Turner was arrested by Medina PD on a warrant out of Town of Batavia after Turner allegedly failed to appear to answer to a petit larceny charge.

Changing calendar keeps local law enforcement busy with domestic calls

By Howard B. Owens

With the ringing in of the New Year, local police agencies found themselves dealing with a bit of an uptick in domestic incident calls.

Deputy Chief Gordon Dibble said on Dec. 31 and Jan. 1, for example, the Sheriff's Office responded to nine domestic incident calls and, unconfirmed, the State Police responded to six.

"I don't think it should be a surprise to anybody," Dibble said. "I haven't compared this weekend to other segments of the year, but I think there were more calls. It's a highly emotional time of the year. Things are brought to the forefront that haven't been dealt with in the year, there are financial pressures, family pressures and visitation pressures."

Dibble said law enforcement has changed a lot since the early part of his career when he was a deputy on patrol.

There is a broader range of disputes that are classified as domestics. It isn't just the husband and wife fight any longer. Disputes involving people living together, people divorced, people not married but having children together and other family relationships are classified as domestics.

And laws have changed directing how police must deal with some domestic situations.

"There are many circumstances were we must make an arrest by New York State law even when the victim doesn’t want an arrest," said Dibble, explaining the law is in place to protect victims who might be intimidated from pressing charges.

Complicating matters further are orders of protection, which include variations ranging from complete stay-away orders, limited contact and contact permitted, to no offensive conduct permitted. And orders can be temporary, long-term, canceled, reinstated and canceled again, so officers must pay attention to the details.

"Orders of protection are complicated and time consuming issues for us, but they're important issues because when things go wrong, they can go very wrong," Dibble said. "We have to be very careful with those."

A number of years ago, the Sheriff's Office along with Batavia PD and Le Roy PD, got together and drafted guidelines for handling orders of protection so that officers deal with them in a consistent way across jurisdictions.

Local law enforcement agencies, Dibble confirmed, take orders of protection very seriously.

"Is it as consistent across the state or across the country? I doubt it," Dibble said. "Within this county, it should be pretty uniform."

Report: Cyberbullying at local high schools

By Howard B. Owens

A reader I know and trust to be truthful on sharing something like this, put together the image above and sent it to me. He said it's a collection of Facebook status updates from people being bullied and their tormentors. All of the teenagers involved, he said, are students at Batavia High School. He said knowledge of an increase of cyberbullying against some students at BHS is common knowledge among the students.

One point I want to add: Cyberbullying is a crime.

It can be charged as harassment in the second degree, which is a Class B misdemeanor. Cyberbullies should be reported either by victims or their parents to police. Witnesses can also report crimes, but in most cases it will take a victim who cooperates with the investigation to proceed with criminal charges.

UPDATE 12:34 p.m.:  I received an e-mail from somebody familiar with the situation and said students from mulitple Genesee County high schools are involved and one of the targets is not a student of BHS.  Any confusion on the school involvement is the result of my own misunderstanding of the original e-mail I received.

He sent along the following op-ed with the image.

In the age of social media and increasing technology, every day people see things on the news about cyberbullying and harrassment and many don't realize the seriousness of what is being done. Sometimes they don't think it's happening to anyone they know. Sometimes they don't think its happening to anyone near them. Sometimes people don't realize how serious it can be until it's too late.

Recently, many students in Genesee County school districts have had their Facebook news feeds, filled with cyberbullying of a few students, and the issue is only getting bigger and more widespread. But only a few are standing up for the victims, while more and more join in to bully, and many of the victims, are sitting back without knowing what to do.

"Like this stuff was bad. Worries me... :/" stated one student's Facebook comment. It "turns your stomache. Doesnt matter what someones done noone deserves that to be said," said another when responding about the nature of the cyberbullying posts.

In the most recent and student popularized bullying case (photo collage), there is one student being bullied, and upwards of 30+ cyberbullies making comments directly or indirectly toward her, while hundreds of students have 'Liked' status updates supporting the bullying acts.

According to the nonprofit website www.stopcyberbullying.com:

'Cyberbullying' is when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child, preteen or teen using the Internet, interactive and digital technologies or mobile phones. It has to have a minor on both sides, or at least have been instigated by a minor against another minor. Once adults become involved, it is plain and simple cyberharassment or cyberstalking.

Cyberbullying can be done for many reasons. Many times, it's done by someone with insecurities, hoping to boost their social standing. Other times, the power-hungry do it looking to boost their ego. There is also the bullying done as revenge, out of anger, and sometimes students are cyberbullying without even intentionally trying to.

While many students, usually believe their words are harmless, what they say can many times lead to a higher level of misdemeanor cyberharassment charges.

There are two kinds of cyberbullying, direct attacks (messages sent to your kids directly) and cyberbullying by proxy (using others to help cyberbully the victim, either with or without the accomplice's knowledge).

Not only does cyberbullying, include harassment that could bring upon legal issues, but many times, it also turns into defamation. Defamation, which is also known as slander, is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual a negative image. Many times students often take it to the extent of defamation by making up rumors or doing whatever else it takes to make the bullied look as bad as possible.

Parents need to be the one trusted person kids can go when things go wrong online and offline. Yet they often are the ones kids avoid when things go wrong online. Why? Parents tend to overreact. Most children will avoid telling their parents about a cyberbullying incident fearing they will only make things worse.

Parents also need to understand that a child is just as likely to be a cyberbully as a victim of cyberbullying and often go back and forth between the two roles during one incident. They may not even realize that they are seen as a cyberbully.

The message is simple. Don't write it. Don't send it. For more info on cyberbullying and how to prevent it, visit http://www.stopcyberbullying.org/.

A 2010 Attica graduate, Jesse Kern, that is currently serving in the Army, publicly defended one of the most recent victims on his Facebook page and posted this video and commented: "People just don't get it."

Law and Order: Alleged fugitive from Texas identified in Batavia

By Howard B. Owens

Terry W. Strickland, 30, of 110 Lake Park, Waxahachie, Texas, is being held without bail as a fugitive from justice. Strickland is allegedly wanted in Texas on a charge of aggravated assault with a deadly weapon. Strickland was located in Batavia at a residence on Dewey Avenue by officers Chris Camp and Kevin DeFelice during the investigation into an alleged domestic incident. Strickland is reportedly wanted by the Dallas County Sheriff's Office and is being held in the county jail pending extradition proceedings.

A 17-year-old resident of Bank Street, Batavia, is charged with petit larceny. The youth is accused of shoplifting from Walmart at 7:35 p.m., Monday.

Men accused of burglary on Maple Street waive rights to pre-trial hearings

By Howard B. Owens

Two men accused of burglarizing a Maple Street apartment while the resident sits in jail appeared in Batavia City Court on Tuesday and waived their right for a pre-trial hearing.

The waiver means the case will be sent to the grand jury for possible indictment, but also paves the way for a possible plea deal and one of the suspects indicated in court that he is expecting a possible plea bargain.

Both Eric P. Doleman, 41, no permanent address, and Frederick H. Robidoux Jr., 49, no permanent address. are charged with burglary, 2nd.

Doleman, top photo, was also charged Tuesday with criminal mischief, 3rd, and petit larceny.

Doleman is accused of breaking a window on a 2010 Kia on Dec. 13 parked at Tops Market and stealing a laptop computer.

Robidoux is also charged with aggravated unlicensed operation of a motor vehicle.

The duo was stopped on Walnut Street early in the morning Dec. 29 after a Maple Street resident reported seeing the men carrying items from an apartment at 10 Maple St., Batavia.

The resident of the apartment, Edward R. Freida, is being held in Genesee County jail without bail on drug and weapon charges.

When Doleman's case was called, after he was charged with the Dec. 13 car break-in, Judge Robert Balbick asked Doleman if he agreed to waive a pre-trial hearing. Doleman appeared confused and said he thought the two cases would be combined as part of a plea deal. He kept turning his head toward the back of the room where District Attorney Lawrence Friedman was standing.

After the hearing, Friedman said he couldn't comment on whether or not a plea deal is in the works.

Both Doleman and Robidoux are being held in Genesee County Jail without bail.

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