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November 13, 2015 - 1:20pm

16-year-old suspect arrested in assault case

posted by Howard B. Owens in crime, batavia.
mug_frankmcewan_nov2015.jpg
    Frank H. McEwan

An arrest has been made in a case involving two people who were assaulted by multiple people in the area of Harvester Avenue and East Main Street in the early morning hours of Oct. 25 after one of them had made a run to 7-Eleven from a Halloween costume party on Swan Street.

Charged with gang assault, 2nd, robbery, 1st, criminal possession of a weapon, 4th, and criminal use of a firearm and petit larceny is 16-year-old Frank H. McEwan, of 3 McKinley Ave., Batavia.

McEwan was arraigned in City Court and ordered held on $25,000 bail.

The alleged assault involved multiple people and there was possibly a handgun displayed. A victim's wallet was stolen. 

One victim was transported to UMMC and later transferred to ECMC with serious injuries. Det. Todd Crosset said the victim is doing medically fine and is recovering.

The Batavian exclusively reported on the alleged assault Oct. 28 and did a follow up two days ago reporting that an apparent lack of cooperation from witnesses was hampering that investigation. That story led to more calls to the police, which provided the break in the case leading to the arrest of McEwan, said Det. Eric Hill.

There remain other suspects at large, and the group of alleged attackers includes individuals described as black and as white.

A gang assault under New York penal code, means an assault perpetrated by three or more people. It does not necessarily mean the individuals involved have any sort of gang affiliation or would comprise a gang in the common use of the term.

The investigation is ongoing and police are still seeking witnesses or information from people who might know anything about the case. Those with information are asked to contact Det. Todd Crossett at (585) 345-6353.

jeff saquella
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kid needs to be off the streets permanantly

Raymond Richardson
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"kid needs to be off the streets permanently"

The parents should held accountable as it's their job to keep their kids off the streets at night.

Ed Hartgrove
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Any information on whether a firearm was found/confiscated?
Or, was he just charged with that?

Jim Urtel Jr
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It`s not going to be easy drawing tenants for the high end apartments on the corner of Harvester with people getting gang attacked and pistol-whipped in the front yard! I said it before after living in that area for 8 years, it is a bad area and no place for the so-called upper class tenants. Its a shame.

Kyle Couchman
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Ed if I remember the report, the "gun" was an airsoft gun. They are made to look real but basically shoot a soft plastic bb that does little to no damage.

http://www.hobbytron.com/AirsoftPistols.html#

https://en.wikipedia.org/wiki/Airsoft_gun

jeff saquella
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ya well since the parents are obviously not being held accountable to keeping their kids off the streets then the law needs to keep them off

Raymond Richardson
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"ya well since the parents are obviously not being held accountable to keeping their kids off the streets then the law needs to keep them off"

And hold the parents accountable.

Believe it or not Jeff, it's called not properly supervising your children, and it is in the penal law.

jeff saquella
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then they need to sart enforcing that law ray. and why do you quote everything i say?

Brenda Ranney
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Thankfully fellow Batavians stepped up to the plate to assist our police dept.
Agreed, enforce the laws on the books. It's not the public's job to parent this child.

Lisa Woltz
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It's my belief, there is a law stating the kids can be out until 9 pm on school nights (don't quote me on this) and 11 pm on weekends.

As far as the parents being held responsible, I couldn't agree more. However, law enforcement can't pick up every kid on the street and bring them home to Mommy and Daddy. I don't know the resolution to the matter.

We've not had anything happened like this before. I do live where this has happened. We have the loudness and drunks from Tulleys, loud neighbors and the racing cars and loud mufflers. As far as kids... nothing.

david spaulding
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so you want to blame the parents? I hope the justice systems holds him accountable.
one of the problems this country faces is people acting up and then blaming someone else.
the courts can share some credit for this as they have awarded millions of dollars to people who do stupid things to themselves and then blame someone else.
Whatever happened to " you are responsible for your actions" ?

John Roach
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Three points for David!!

Raymond Richardson
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"Whatever happened to " you are responsible for your actions" ?"

Whatever happened to parents responsibility to raise their children to be positive members of society? Or are we at the point of procreating without rearing?

Anyone can have a child, not everyone can raise a child they have.

Ed Hartgrove
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Blame the teen!!
Blame the parents!!

Whatever happened to, "Blame the weapon!"?

Afterall, it's all because we allow our children to ...

Oops, Sorry! I guess I must've watched too much of Geraldo on FOX last night.

Although, I will give Geraldo his due props. Yesterday, after learning his daughter was at the Paris soccer stadium during the terrorist attack, he finally seemed to "get it". He actually said he supported going after the "terrorists". Odd, how having something 'hit so close to home' (or, loved ones, in this case) can straighten out your thinking.

david spaulding
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Raymond, ok it's the parents fault.... might as well go deeper and blame his teachers, blame the whole school system, blame the police, go ahead and blame me somehow. it's not his fault for he is a good kid and we let him down. maybe with a good attorney he can find the real culprit of his poor choices and sue them.

Kyle Couchman
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I have to agree with David..... he need to be accountable for his own actions. As for those into blaming parents. yaeh they do have dome culpability, but let me ask you to ask yourself a question. Did your parents know what you did for every second of your adolescence? If not then you are blowing smoke out of your rear ends.

Parents are responsible yes but at what point do you make the adolescent responsible for his own actions? This is why the up and coming generation feels entitled to do whatever they want. Lack of consequences because people should treat them differently because of their age.

BS if you ask me.....they want to act like adults then make their actions carry consequences. .

C. M. Barons
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Lisa Woltz
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True Kyle. Ever since getting spanked and rearing your child by your means became a means of "child abuse", kids are now using it as a weapon a yes, now kids can do as they damn well please! Kids get told in school, "If your parent hits you or puts their hands on you and leaves a mark, it's child abuse. Call the police!" Yet, when the kids do crap like this, people want to blame the parent for a crime like this.

Let me say this- If I were this child's parent who were to commit a crime like this, he'd sit in jail, face the judge and pay for his crime. I would be the parent who would tell the judge to give him the MAX to make sure he would never do it to someone again.

I spanked my child. I also had to deal with CPS, the counselor at school, the judge and also watched my son go to jail for a crime he DID commit. I didn't bail him out of jail. I shouldn't have to pay for what my child did to someone else. If your child were to hurt or even God forbid, kill someone, are you going to say the parent should be held responsible for what they did? I can't control what I can't see. As a parent, I can control the responsibility of holding my child for his actions to someone or something else. Especially when it becomes as volatile as this.

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