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October 10, 2011 - 11:06am
posted by Howard B. Owens in batavia, Basom, crime, byron, Alabama.

Stephanie A. Wixson, 34, of 335 Bank St., Apt. A6, Batavia, is charged with criminal possession of a controlled substance, 7th. Wixson was allegedly found in possession of crack cocaine by Officer Dan Coffey during a traffic stop on Pearl Street at 8:53 p.m., Friday.

Eslie J. Worthington III, 21, of 6657 Cole Road, Byron, is charged with disorderly conduct. Worthington is accused of shouting obscenities while outside a residence on Dellinger Avenue, Batavia.

John W. Hackett, 32, of 5697 W. Main St. Road, Batavia, is charged with felony counts of DWI, driving with a BAC of .08 or greater and aggravated unlicensed operation. Hacket was stopped at 2:03 a.m. Saturday on Cedar Street by Officer Eric Bolles.

Katherine Lynn Ogden, 28, of State Street, Medina, is charged with unlawful possession of a noxious matter. Ogden was charged after allegedly using pepper spray at a smoke shop on Bloomingdale Road, Basom. Ogden was reportedly involved in a verbal dispute over a mobile phone.

Victoria Hollie Gilbert, 39, of Shepard Road, Batavia, is charged with two counts of endangering the welfare of a child. Gilbert allegedly allowed her two children, ages 6 and 8, to return home from school and be at home unsupervised.

Vincente Antonio Torres, 20, of Willowen Drive, Rochester, was turned over to the Sheriff's Office by Irondequoit police on a bench warrant stemming from a DWI charge. Torres was jailed on $500 bail.

October 9, 2011 - 5:12pm
posted by Howard B. Owens in batavia, crime, State Street.

Three people were arrested yesterday following an investigation by the Local Drug Enforcement Task Force into the transportation and sale of cocaine in Batavia.

All three face charges related to the sale of a controlled substance.

Members of the drug task force, along with Batavia police officers and Sheriff's Office deputies, executed a search warrant at 335 Bank St., Apt. B3, yesterday evening and allegedly found a quantity of cocaine with an estimated value of more than $1,500. 

Also seized was $750 in cash, drug paraphernalia and marijuana.

Arrested were:

Julia B. Wescott, 29, of Batavia. Wescott was charged with two counts of criminal possession of a controlled substance, 3rd, criminal nuisance, 1st, and criminally using drug paraphernalia, 2nd.

Thomas L. Hill, 22, of Rochester. Hill was charged with criminal possession of a controlled substance, 3rd, criminally using drug paraphernalia and unlawful possession of marijuana.

Jade Cierra Wims, 18, of Rocheter. Wims was charged with criminal possession of a controlled substance, 3rd, and criminally using drug paraphernalia.

Wescott is accused of allowing Hill and Wims to deal cocaine from her apartment on Bank Street, which is the basis of the "criminal nuisance" charge.

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

Photos: Top, Wescott, Hill and Wims.

October 8, 2011 - 12:21pm
posted by Billie Owens in crime, Le Roy.

A caller reports to dispatch that his neighbor on Lake Street in Le Roy shot his dog with a BB gun. Le Roy police are responding. No information about injuries to the dog.

October 7, 2011 - 1:41pm
posted by Billie Owens in crime, elba.

According to a press release issued earlier this week by the Wyoming County Sheriff's Department, Elba resident Adam McGill, 33, was arrested and charged with two counts of criminal sale of a controlled substance and two counts of criminal possession of a controlled substance, both class B felonies.

McGill allegedly sold a narcotic drug to an undercover officer with the Wyoming County Drug Task Force on two occasions in the Village of Attica.

He was arrested Sept. 30 along with Shelby resident Diane Gallagher, 42, who was charged with one count of criminal sale of a controlled substance and one count of criminal possession of a controlled substance. Gallagher allegedly sold a narcotic drug to an undercover officer in the Town of Orangeville.

McGill is being held in Wyoming County Jail without bail and Gallagher is also being held there in lieu of $15,000 cash bail.

Members of the Attica Police Department assisted the other agencies in making the arrests.

To report possible illegal drug activity in Wyoming County, call 786-8965.

October 6, 2011 - 5:05pm
posted by Howard B. Owens in crime, Darien.

Three people were charged today in connection with an alleged altercation following the Blink 182 Concert at Darien Lake Performing Arts Center on Aug. 11.

The three individuals are accused of getting into an altercation in the parking lot while guests were leaving the venue.

The three individuals allegedly damaged the pickup truck of a man from Lancaster.

Arrested and released on appearance tickets were Timothy Patrick Donnelly, 22, of Ridgecrest Road, Rochester, Marie Dana Smith, 18, and Lorraine Deanna Smith, 20, both of Crossroads Lane, Rochester.

Donnelly was charged with criminal mischief, 3rd. Marie Smith was charged with criminal mischief, 3rd, and harassment, 2nd. She allegedly had physical contact with the Lancaster man during the altercation.

Lorraine Smith was charged with criminal mischief, 3rd.

Investigator William Ferrando handled the case.

October 6, 2011 - 8:46am
posted by Howard B. Owens in batavia, crime.

A pair of Shortsville residents were arrested Wednesday for allegedly shoplifting from Kmart and Walmart.

After being apprehended at Kmart, they were allegedly found in possession of tools designed to defeat security tags at Kmart.

Charged with petit larceny and possession of burglary tools were Elizabeth Anne Smith, 26, and Daniel Gordon Vandewalle, 32.

The couple was stopped by loss prevention officers at Kmart and were found to have items allegedly hidden under clothing and in a purse.

When deputies searched the couple's car, deputies reportedly found items allegedly stolen from Walmart.

The case was investigated by Deputy Chris Parker, Deputy James Diehl, Trooper Daniel Hollands and Trooper Brian Pritchett.

October 5, 2011 - 11:32am
posted by Howard B. Owens in batavia, crime, alexander, Darien, Le Roy.

Jon Nelson Roblee, 36, of Linwood Road, Le Roy, is charged with menacing, 2nd, and harassment, 2nd. Roblee is accused of throwing a coffee pot at a victim, cutting the victim's hand, and displaying two knives at victims and threatening to kill them. Roblee was jailed on $2,000 bail.

Trevor M. Rich, 30, of 7142 Randall Road, Le Roy, is charged with criminal contempt, 1st, and aggravated harassment, 2nd. Rich is accused of sending threatening text messages to a female he was ordered not to contact. Rich was jailed without bail.

Steven Thomas Schum, 52, of Alleghany Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, failure to signal and moved from lane unsafely. Schum was stopped at 2:25 a.m., Oct. 1, on Darien Alexander Townline Road, Alexander, by Deputy Jason Saile.

Charie Marie Oddo, 50, of Dellinger Avenue, Batavia, is charged with petit larceny. Oddo is accused of stealing clothing items from Kmart.

Robert Edward Greene, 30, of West Main Street, Batavia, is charged with criminal contempt. Greene is accused of violating an order of protection by placing a phone call to a protected person.

October 3, 2011 - 9:19am
posted by Howard B. Owens in batavia, crime, bergen.

Michael Victor Blackcloud, 66, of Sackett Road, Bergen, is charged with forcible touching. Blackcloud is accused of touching the intimate part of a woman's body without her consent.

Cody A. Bush Jr., 25, of 7614 Oak Orchard Road, Batavia, is charged with criminal contempt, 2nd. Bush is accused of going to Jackson Elementary School and contacting a child he is ordered by Family Court not to contact.

Andrew A. Crimes, 39, of 649 E. Main St., Batavia, is charged with criminal contempt, 2nd. In violation of a court order, Crimes allegedly sent text messages and made phone calls to a woman he is ordered not to contact.

October 1, 2011 - 8:37am
posted by Howard B. Owens in batavia, crime, bergen.

Eric James Harter, 36, of Beaver Meadow Road, Bergen, is charged with DWI, aggravated DWI, failure to stop for stop sign, no seat belt and speed not reasonable or prudent. Harter was charged following an investigation into a motor-vehicle accident at 6:04 p.m., Sept. 3, at the intersection of Cockram and Transit roads. Harter's vehicle hit a tree.

Eddie Lee Miles, 39, of Ellicott Street, is charged with assault, 3rd. At 5:40 p.m., Sept. 17, Miles allegedly punched another person in the face. The alleged victim suffered cuts that required stitches. 

September 28, 2011 - 3:46pm
posted by Geoff Redick in crime, Oakfield, sex offender, genesee county court.

Anthony Nicosia Jr., of Oakfield, agreed to a plea deal in Genesee County Court today, admitting that he twice had sexual contact with a 16-year-old boy last spring in the Town of Oakfield.

The 55-year old Nicosia pleaded guilty to two felony counts of third-degree Criminal Sexual Act. Under terms of the deal, two counts of Forcible Touching and one count of Endangering the Welfare of a Child were dropped.

Nicosia has no prior felony convictions affecting this sentence. He faces up to eight years in prison on consecutive four-year sentences stemming from the charges, up to 10 years probation and must register as a sex offender.

An order of protection was logged for the 16-year-old victim. Nicosia remains imprisoned until his Nov. 23 sentencing. Bail is $15,000 cash or $30,000 bond.

UPDATE: I spoke with Judge Robert Noonan to get a definitive answer on the sex offender registration issue. Noonan says he almost always imposes fees -- like sex offender registry fees or DNA Databank fees -- at sentencing, in case the legal organizations that follow sentencing need to administer or re-administer those services.

For example, if a defendant has already contributed to the DNA Databank due to a prior conviction, that defendant will not need to go through the DNA Databank process again. The State Department of Corrections is later authorized to waive the DNA Databank fee imposed at sentencing.

So, Judge Noonan told Nicosia yesterday that he may impose the Sex Offender Registration fee at sentencing. Noonan says the fee may be required to reclassify sex offenders to a higher level. However (upon closer examination), Nicosia is a Level 3 Sex Offender, the highest level possible. Therefore, he cannot be reclassified to any higher level. So, even if the judge imposes the registration fee at sentencing, it would likely be waived later by the Department of Corrections.

September 28, 2011 - 3:25pm
posted by Geoff Redick in arson, crime, Le Roy, genesee county court.

Forty-two-year-old Paul F. Atkinson, of LeRoy, appeared in court today, noticeably limping as he entered courtroom. Atkinson entered a plea of "not guilty" to the charge of felony second-degree Arson.

Atkinson was originally arrested in June, following a destructive fire at his father's Orchard Drive home. Atkinson allegedly admitted to police at the time that he had torched the house after a late-night argument with his father. Atkinson had also written on his Facebook page that night: "Everyone can go to hell, tired of this life."

Public Defender Gary Horton today did not issue any appeal to Atkinson's high bail count. He remains in jail in lieu of $50,000 bail.

Atkinson will return to court on Nov. 14.

September 28, 2011 - 10:29am
posted by Howard B. Owens in batavia, crime, byron, Darien, Alabama.

Kayla M. Tyoe, 22, of Market Street, Attica, is charged with driving while ability impaired by drugs, parking on pavement/roadway and no seat belt. Deputy Ron Meides was dispatched at 8:35 a.m., Monday, to a complaint of a car parked in the middle of Colby Road, Darien. Upon arrival, Meides reportedly found Tyoe sleeping in the driver's seat. A male was sleeping in the passenger seat, according to Meides. It was determined, Meides said, that Tyoe was "driving under the influence of some type of drug."

Benjamin Wiliam Muntz, 22, of Knowlesville Road, Alabama, is charged with attempted petit larceny and trespass. Muntz is accused of being on property in Byron without permission and attempting to steal items from the property.

Michael Abdullah Jamil, 27, of School Road, Byron, is charged with criminal contempt, 2nd. Jamil is accused of violating an order of protection by allowing his girlfriend and son to stay at his residence. Jamil was jailed on $500 bail.

Randy K. Wilmet, 34, of 75 Franklin St., Batavia, is charged with criminal mischief, 4th, and obstructing governmental administration, 2nd. Wilmet is accused of damaging property inside the apartment of another person. Wilmet was arraigned in Batavia City Court, where he allegedly refused to comply with police officers' orders and had to be physically removed from the court and restrained. Wilmet was jailed on $3,000 bail.

Martin F. Jones, 40, no permanent address, is charged with four counts of petit larceny. Jones was arrested on a warrant. He is accused of stealing beer from an Ellicott Street business on four separate occasions. Each incident was reportedly recorded by surveillance cameras. Jones was jailed on $1,000 bail.

September 28, 2011 - 9:52am
posted by Howard B. Owens in batavia, crime.

Batavia PD is looking for information on three individuals suspected of being involved in a theft and an attempted fraud locally.

The three individuals may also be suspects in similar thefts at hospitals and colleges from Geneva to Buffalo.

In the local case, a male subject wearing a white T-shirt and a necklace went into UMMC at 11:30 a.m., Sept. 11, and stole a wallet from a purse belonging to an employee.

The suspect was driven to the hospital in a maroon four-door sedan (possibly a Ford Fusion).

The male suspect and two female suspects allegedly used the victim's credit cards at a local business.

The three suspects are described as African-American and in their early 20s.

Anybody with information that may assist in the investigation can call the confidential tip line at (585) 345-6370.

September 28, 2011 - 12:22am
posted by Howard B. Owens in batavia, crime.

Two suspects have been taken into custody in connection with a pair overnight burglaries on Williams and Swan streets, according to Batavia PD.

Police are investigating whether the pair were involved in other recent residential burglaries.

On Tuesday, the alleged burglars entered occupied residences on Williams Street and Swan Street in the early morning hours.

Take into custody shortly after the first reported burglary, at 2:09 a.m., on Swan Street, was Kurt H. Hawkins Jr., 18, who has no permanent address. Hawkins was charged with burglary, 2nd.

Hawkins was located in the area of Williams and Ellicott streets shortly after a homeowner reportedly observed the suspect in his residence. Hawkins reportedly initially tried to flee from police and was taken into custody after a foot chase.

While police were investigating the Williams Street burglary, police received a report of a residential burglary in progress on Swan Street.

The alleged burglar fled the residence and could not be immediately located. Investigators indicate that evidence led them to Michael J. Hilton, 20, no permanent address.

Both Hawkins and Hilton were jailed without bail.

Both Hawkins and Hilton are suspected in other recent residential burglaries and additional charges may be pending.

Top photo, Hawkins; bottom photo, Hilton.

September 27, 2011 - 12:54pm
posted by Geoff Redick in crime, byron, methamphetamine.

Twenty-four-year-old Tricia Tundo will serve five years probation, avoiding a possible one-and-a-half year jail sentence after pleading guilty in July to the unlawful disposal of the precursor materials to methamphetamine.

Tundo appeared before Genesee County Court Judge Robert Noonan this morning, visibly pregnant and much less gaunt than in previous court appearances. Defense attorney Tom Williams spoke on Tundo's behalf, saying she has attended counseling and passed multiple drug tests since she was released from custody following the meth bust at her South Byron home in April.

"I know nothing of the effects of this drug on the body, but I can tell you that Ms. Tundo's appearance has changed dramatically since I first met her at Wyoming County Correctional Facility several months ago," Williams said. "She appears in good spirits...she's no longer looking so sickly and thin."

Williams also made note to Judge Noonan that Tundo is expecting her first child in the second week of November.

Noonan maintained that Tundo "has not fully acknowledged an awareness of the drug activity that surrounded her." But he noted that this is Tundo's first criminal offense, and spared her the jail time. Tundo's driver's license will also be suspended.

Meanwhile, a check of county court records revealed today that Matthew Zon is two weeks into his prison sentence for his role in the South Byron meth lab. Zon was sentenced on Sept. 13 to three years in prison, followed by five years probation. As part of his plea deal, Zon forfeited ownership of a 2005 Chevrolet pickup truck.

Zon and Tundo were stopped in that truck on April 14, and were charged after they tried to ditch some methamphetamine materials on the side of the road.

September 26, 2011 - 4:58pm
posted by Howard B. Owens in batavia, crime.

Rhiannon J. Graff, 16 Oak St., Room #7, Batavia, 31, is charged with criminal possession of a weapon, 3rd. Graff was reportedly found by Batavia PD at 9:30 a.m., Sept. 17, in possession of a metal, collapsible baton. NYS Parole assisted in the case. Graff was jailed on $5,000 bail.

William J. Galliford, 51, of 200 State St., Batavia, is charged with harassment, 2nd, and resisting arrest. Galliford was arrested after allegedly harassing a neighbor on repeated occasions. Galliford allegedly struggled with the arresting officer, James M. DeFreze. Galliford was jailed on $500 bail.

September 24, 2011 - 12:58pm
posted by Howard B. Owens in batavia, crime, bergen.

Four people were arrested Thursday for allegedly possessing various drugs following a "traffic drug interdiction" detail by the Local Drug Enforcement Task Force.

A traffic interdiction detail uses the probable cause of a traffic stop to detect possible drug activity.

Arrested where:

Jonathan B. Marvin, 35, of Hall Street, Batavia. Marvin is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. Marvin was allegedly found in possession of heroin along with a hypodermic needle. Marvin was jailed on $1,000 bail.

David A. Showler, 43, of West Main Street, Batavia. Showler is charged with criminal possession of a controlled substance, 7th, and criminally using drug paraphernalia, 2nd. Showler was allegedly found in possession of heroin along with a hypodermic needle. Showler was jailed on $1,000 bail.

Ryan M. Bobzin, 22, of West Bergen Road, Bergen, is charged with unlawful possession of marijuana. Bobzin was allegedly found in possession of marijuana and issued an appearance ticket.

Warner Lee Love Jr., 18, of Chandler Street, Batavia, is charged with unlawful possession of marijuana. Love was allegedly found in possession of marijuana and issued an appearance ticket.

Assisting in the interdiction detail were uniformed members of the Genesee County Sheriff's Office and K-9 "Pharaoh."

September 23, 2011 - 7:11pm
posted by Howard B. Owens in batavia, crime, Pavilion.

Michael John Merrill, 46, of West Ferry Street, Buffalo, is charged with petit larceny. Merrill is accused of stealing a can of beer from 48 Deli Express at 1:53 p.m., Thursday. When confronted by the owner, Merrill allegedly ran. Merrill was jailed on $500 bail.

William Ronald Tombari, 40, of Roanoke Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Tombari was allegedly driving drunk when he was involved in a motor-vehicle accident at 12:05 a.m., Friday, on Route 63 in Pavilion. The accident was investigated by Deputy Eric Seppala.

Shuvon "Bonnie" Williams, 35, of 5 Lewis Place, Batavia, is charged with criminal contempt, 1st, endangering the welfare of a child and harassment, 2nd. Williams is accused of violating an order of protection by allegedly threatening the protected person with bodily harm. The incident was reported at 3:08 p.m., Thursday.

September 23, 2011 - 6:25pm
posted by Howard B. Owens in batavia, crime.

The release of a surveillance tape by the Batavia PD appears to have helped lead investigators to a pair of alleged thieves.

Charges are pending against Trevor M. Pilc, 18, of 404 Jackson St., Batavia, and Michael A. Ames, 19, of 508 Dale Road, Dale.

The duo is accused of burglarizing a number of Batavia businesses during the summer and is currently being held in a Wyoming County jail on similar charges.

The videotape, published on The Batavian, didn't lead to a tip with a name attached, but it did lead to information that helped investigators put some pieces together, Sgt. Pat Corona said.

"(The video) kept people interested in the case and got people talking about it," Corona said. "As a result of that, I did get information about a person talking about one of the burglaries and a name was mentioned in that conversation."

Corona expects burglary charges against Pilc in connection with break-ins at Neptune’s Gardens, 33 Liberty St., occurring on, June 3; Blondie’s Sip and Dip, 670 E. Main St., occurring on July 8; The Batavia Youth Center, 12 MacArthur Drive, occurring on July 23; and Batavia’s Original Pizzeria, 500 E. Main St., occurring on Aug. 6.

Ames also faces probable charges in connections with break-ins and larcenies from Batavia’s Original on Aug. 6 and again on Aug. 30.

Corona said Ames and Pilc both confirmed they are the two people seen in the video.

September 23, 2011 - 3:18pm
posted by Howard B. Owens in batavia, crime.

Each fall these days, as students return to school, the issuing of bullying makes the news again.

Usually, it's related to the tragic suicide of a teenager who was picked on by his peers.

This fall, the death wasn't too far from home.

Jamey Rodemeyer, a freshman at Williamsville North High School took his own life after years of being victimized by bullies.

The case has drawn the attention of Erie County law enforcment, which is a reminder that bullying isn't just cruel. It's a crime.

Yesterday morning, I spoke with Det. Rich Schauf of Batavia PD and this morning I spoke with Christopher Dailey, principal at Batavia HS, about how bullying is handled within the city. Much of the information they have to share should be applicable throughout Genesee County.

The primary laws that could be used to prosecute a bully are harassment, a violation, and aggravated harassment, a misdemeanor.

Harassment usually involves pushing and shoving or similar violent acts that do not cause serious physical injury but are intended to annoy or alarm the victim.

Aggravated harassment is phone calls, text messages and messages left in online venues that are intended to alarm and annoy the victim.

If the bully is, say, 17, and the victim is, for example, 14, a charge of endangering the welfare of a child is also possible.

The age of the bully is also a factor in what police can do with the case and how the judicial system will deal with it.

If the bully is 14 or 15, or younger, there won't be criminal charges filed. Instead intervention and counseling is used to try and change behavior.

If the bully is 16 or older, then it can become a criminal matter.

These days, bullies use electronic devices to victimize their targets -- phone calls, texting, Facebook messages and other websites are used to leave harassing notes.

In the case of Rodemeyer, the most recent abuse meted out toward him was on a blog he set up at Formspring. Among the messages left for him were:

* "Kill your self!!!! You have nothing left!"

* "Listen to us, you're a bad person, you don't belong here, jump off a bridge or something!"

* "Go kill yourself, you're worthless, ugly and don't have a point to live."

When people leave messages like that, Schauf said, even when they're determined to be criminal in nature, proving who left the message can be difficult.

"The bully might say, 'I lost my phone,' and you ask, 'Did you report it missing or stolen?' and they'll say, 'Well, a friend had it,'" Schauff said. "It's really hard sometimes to put that person in the position of having sent the messages. That's an uphill climb in these investigations."

Investigators must prove the bully was physically in control of the computer or phone used to send the messages at the time the messages were sent.

That isn't always easy, Schauf said.

However, just the intervention of law enforcement can sometimes change a bully's behavior, Schauf said, a point Dailey reiterated.

"Usually we get both parents involved (before contacting police) and that puts an end to it," Dailey said. "We get everybody together and hash it out. Usually a visit from police ends it pretty quick if our intervention doesn't work out."

Dailey said the vast majority of the time, when school officials confront a bully about hurtful and harassing cyber messages, the bully fesses up immediately.

School officials take bullying very seriously, Dailey said.

"When something like this comes up (the death of Rodemeyer), it's something all the staff talks about," Dailey said. "It's a reminder to pay attention to this. We don't want it to happen here. We don't want to be the next headline."

Four years ago, the school started a mentoring program for freshmen which includes an orientation day before classes start and mentoring for the freshmen by upperclassmen.

Since the program started, Dailey said, bullying in the school has dropped 22 percent.

"I'd be lying if I said it was gone totally, but it has gone down significantly," Dailey said.

In October, teachers and staff will receive additional training on dealing with bullying.

It's important to take seriously, Dailey said, because unlike with previous generations when somebody might get bullied at school, but then go home and be away from it, in a safe environment, now the bullying follows the victim across the internet and through mobile phones and text messages.

"If I were bullied as a kid, I could escape it," Dailey said. "Now, for these kids who get caught up in that web they cannot escape it, which is why we have to be more vigilant. The old 'boys will be boys' attitude doesn't fly any more."

Schauf said anybody can report bullying to the police, even just a witness -- such as somebody who sees harassing messages online. But in order to press charges, the victim must be willing to cooperate. If there isn't a cooperating victim, police won't be able to complete an investigation and file charges.

That can sometimes be hard to get, Schauf said, because some victims just want the problem to go away and be left alone.

(Schauff encouraged witnesses to call the BPD's confidential tip line, which will go straight to investigators, rather than emergency dispatch when reporting possible bullying. The number is 343-6370.)

The difficulties in prosecuting bullies, Schauf said, are why a good relationship between the police and the school is so important. 

Investigators trust that school officials will bring serious cases to them and handle appropriately those cases they can handle internally.

"Schools have a bit more leeway to take action on the punishment aspect," Schauf said. "We work really well together to mete out the best consequences we can get, working between the two styles."

Further reading: Tips on avoiding cyber bullies.

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