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December 8, 2010 - 7:54am

Police Beat: Teen charged with sexual misconduct for relations with younger teen

posted by Howard B. Owens in batavia, crime, byron, Darien.

Michael Aaron Witkop, 18, of Ross Street, Batavia, is charged with sexual misconduct. Witkop is accused of having sexual intercourse with a girl under 17 years of age, who is considered too young to give consent.

Timothy J. McGall, 22, of Mill Pond Road, Byron, is charged with aggravated DWI and DWI. McGall was arrested Monday following an investigation into an accident on Swamp Road in Bergen at 10:10 p.m., Oct. 31. Based on an investigation by the Monroe County Toxicology Laboratory, McGall was allegedly found to be driving with a BAC of .18 or greater.

Brittany Lynn Frey, 20, and Scott Alexander Lawrence, 19, both of Griswold Road, Darien, are charged with petit larceny. Frey and Lawrence are accused of shoplifting from Kmart on Tuesday.

Paul Cook
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Peter- You're right its edited. It made no sense anyway... What you said, I couldn't have said better myself.
Kyle Couchman
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Ok lets cut thru the BS here..... I've listened to Carl and the Bells say their stories, the one thing we can agree on is that Mike has been in contact with this girl even though he was told not to. And he recently impersonated her father to get her out of school illegally. With those facts in mind lets look at this statement.... It supposedly comes directly from Mike Witkop, Statement released from Michael Witkop. This does not necessarily reflect my opinion, I am just posting his statement. "My name is Michael Witkop. The girl associated with all these charges is my ex-girlfriend. We started dating when she was 15 and I was 17. We dated for just over seven months and then broke up. Her dad then charged me with sexual misconduct and the court enstated an order of protection. This new charge is the same girl saying "things" happened on another occassion than the first charge" Now if these statements are true then Michael had plenty of knowledge that he was treading on thin ice even speaking to this girl. However depsite one sexual misconduct charge and an order of protection he calls the school and gets her out by impersonating her father. I'm sorry but what kind of moron does he have to be to see that this is not a sensible act. Same for Jason, who seems like he is trying to defend his friend, (loyalty is never a bad trait, but there is a difference between loyalty and blind loyalty)There are lost of grey areas here, Jason even the closest friends and family with not be completely honest with you if it makes them look bad, this is inherent in the human race. You obviously are being civen one side of a story, sit down take a few deep breaths and if you feel as strongly as your posts indicate you need to sit your friend down and get the WHOLE truth, then help him from that point. So far you look really silly in this thread, even bringing your father in to defend you. Carls charge in the blotter that I saw involved his ex wife not his daughter, See posting here:... Carl Gutzmer 39, of Batavia, was charged with felony criminal contempt of court for alledgedly harassing his estranged wife And since most of us know how bitter divorced adults can be with each other this just indicates he was charged, not what became of the charges after investigation and or court. However I do recognize that Carl said himself his daughter charged him with abuse which he says was dismissed later. All the fingerpointing aside all this indicates is that their personal lives are in chaos. Facts as we can tell are these, Carls Daughter is Witkop's ex by his own description. Witkop is still talking to her and illegally getting her out of school despite the fact that she is his ex and he is WELL aware of the fact that this is not approved by her father and that there are legal consequences to continuing this behavior. It's my personal opinion that Mike is thinking with his small head, he has hooks into this girl and can influence her because of the chaos that her life is in, if they are participating in a physical relations depite all this that makes Mike a predator of sorts, maybe not completely being concious of it, but he is still taking advantage to get himself some. Blunt and course but seems about the size of it. Regardless of the details it'll be in the courts hands, we can judge and form opinions all we want, nothing but a legal resolution is gonna affect a thing. Jason your not gonna change anyones opinion and Carl thanks for the uncomfortable peek into your life. I hope things get better but hang in there and let things work out. These laws are what they are, someone needs to find ways to define and defend both parties. Mitigating circumstances should be considered before giving the people involved criminal records of sexual nature or even falsely reporting whichever the case may be.
Chris Charvella
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Kyle, your brand of pragmatism isn't welcome here. Up your crazy quotient or post somewhere else :)
Kyle Couchman
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You know what they say Chris..... Common sense aint so common no mo' :)
Chris Charvella
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Really though, I know the Bell's are good people and I'm assuming that the father in this situation is probably just trying to protect his daughter. I'm not so far removed from being a teenager that I've forgotten how skewed your decision making process is when your 15-18 years old. Too bad this is so public. Once people form opinions about a situation it's very hard to get them to change their minds.
wayne bell
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Mr Gutzmer I will not tolerate you posting that my son has had any contact with the city of batavia police with out a comment. As I said Jacob has the mothuth of a trucker, but as a school bus driver and baseball umpire I will tell you the majority of the youth today have this type of volcabulary. Just sit outside on a summer day and listen to the kids walking home from school or talking to their friends and you would hear the same from them. And if I recall you had a gutter mouth whenyou played softball in the past. I have asked my 19 year old son to stopthe postings and I will ask that you also stop making any accutations about his " so called issues : with the police and we call all allow the situation to play itself out in the privacy of your family and that of Mr. Witcop, Thats where it should have been kept in the first place and I am just as much to blame for adding fuel to the fire. I did not make any remarks about your daughter and wish you hadn't said anything about my son. So with that I hope for the best to ALL the people involved . Have a great holiday
Daniel Jones
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Why do police blotters even exist other than to cause gossip? I cannot think of anything constructive that comes out of police blotters. Covering a trial is one thing, that way the defense presents their side of a story and the press reports on it, all that a police blotter gives is a brief paragraph of what allegedly happened with no further explanation.
Kyle Couchman
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No problem Mr. Bell, I have had dealings with your son on here and I know he can be hotheaded, hell my 2 stepsons seem to be just like him from what I see on here nothing wrong with it especially since some his age dont care about anything happening outside their social circles. Just one point I'd like to make however, if you scroll back you'll see your son was posting pretty harshly for a few hours before Mr. Gutzmer came on, barring the post that Howard removed (which I didnt see) Jason seemed to be very actively agressive, which led to the personal stuff all coming out. Thank you for your vigilance and explanation, its good that you stay involved with his activities, even at this age. Have a great Holiday yourself....
Kyle Couchman
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It is a type of information Daniel, While it does lend itself to alot of gossip, it also lets you know what and why of whats going on in neighborhood likw was the police visit down the street a burglary or just an argument etc....
Daniel Jones
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Kyle - I understand and that's a valid point. That's why I think that a scanner report would be sufficient.
Howard B. Owens
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Daniel -- It reflects not only what's happening with the individuals involved, but reveals what police are up to. It's a way of informing the public of the work the police are doing. It's an important part of monitoring police activity. The public record of who, what, where, when provides a picture of what has happened in a particular place that people can a legitimate interest in knowing about. It's the most clear opportunity to document certain alleged criminal activity. The courts are not set up to routinely release such information. Most importantly, the public has an absolute right to know who is being arrested and why. What individuals do with that information isn't for you or me to judge. This is not information that should be kept secret. I believe all arrests should be released and am bothered when local law enforcement agencies withhold arrest reports (I estimate we get only about half of the reports of all arrests made by the Batavia Police Department). We actual can't get a police blotter here (we call our crime column "police beat" because it's not really a blotter). A blotter lists all of the calls and responses by the police department, regardless of whether there was an arrest. Here, we only get the press releases.
wayne bell
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Whose Jason? His name Jacob
Jason Crater
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I think Kyle is confusing my posts and "the accused's" friend's posts. For the record, I don't know any of the parties involved, and only posted my comment in the beginning because I think that situations where an 18 year old is charged with statutory rape/sexual misconduct can be unfair. If you never dated anyone older or younger than you while you were in high school, you may not understand. In no way did I intend for my comments to discount anything in this particular case. For all I know, the charges could be completely bunk or completely legitimate. -Jason
Kyle Couchman
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LOL Jason you may be right....reading and posting at the same time I may have transposed Jacob's name with yours, but alas I must to make sure what I am saying is correct. (At tleast the quotes from here)
Bob Harker
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Unfriggin real.... Thanks for re-posting this insanity Howard. The human psyche never fails to amaze (and frequently amuse) me. Happy New Year to all.

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