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Man accused of picking up juvenile at DeWitt, inappropriately touching the youth

By Howard B. Owens

Press release:

On Wednesday, June 17, at or about 6:10 p.m., Batavia police officers responded to the area of Clinton Street for a juvenile that had flagged down a neighbor, requesting help.

Patrols arrived on scene and located two local residents sitting with a juvenile and James McNally standing near them. Patrols separated McNally from the juvenile and residents.

The residents indicated that the juvenile told them, that he needed help getting away from McNally.

Patrols interviewed the juvenile briefly and concluded that the juvenile had accepted a ride from McNally from DeWitt Recreation Area, with the intentions of McNally driving the juvenile to his residence.

While transporting the juvenile, McNally allegedly attempted to grope the juvenile. The juvenile feigned sickness so McNally would pull off to the side of the road. The juvenile then exited the vehicle and ascertained help at the nearest residence.

Upon discovering the alleged incident, Batavia police officers promptly took McNally into custody and transported him away from the juvenile.

McNally was arrested for endangering the welfare of a child (a misdemeanor) and forcible touching (a misdemeanor) via Skype in Batavia City Court by Judge Durin Rogers.

McNally was released under the supervision of Genesee Justice, and an order of protection was issued. McNally is scheduled to appear in Batavia City Court at a later time.

The Batavia Police Department would like to take a quick moment to update the community and parents on new abduction prevention ideas.

Instead of “Stranger Danger,” try using the following language when talking to your child about abduction prevention:

  • Don’t say: Never talk to strangers.
  • Say: You should not approach just anyone. If you need help, look for a uniformed police officer, a store clerk with a nametag, or a parent with children.
  • Don’t say: Stay away from people you don’t know.
  • Say: It’s important for you to get my permission before going anywhere with anyone.
  • Don't say: You can tell someone is bad just by looking at them.
  • Say: Pay attention to what people do. Tell me right away if anyone asks you to keep a secret, makes you feel uncomfortable, or tries to get you to go with them.

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