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Law and Order: Littering arrest made in the city

By Howard B. Owens

Winston A. Lockhart, 18, of 3 Lewis Place, Batavia, is charged with littering. Batavia PD officers Frank Klimjack and Darryl Streeter allegedly observed Lockhart toss a lit cigarette onto the parkway on Lewis Place. The officers reportedly asked Lockhart to pick up the cigarette and dispose of it properly. After he refused, the officers arrested Lockhart for an alleged violation of the Batavia Municipal Code.

Miguel Angel Dejesus, 66, of Perry Road, Pavilion, is charged with forcible touching. Dejesus is accused of forcibly touching the genital area of a woman. He was jailed on $2,000 bail.

Alexander Colon-Colon, 19, of Swan Street, Batavia, is charged with sexual misconduct. Colon-Colon is accused of having sexual intercourse with a 15-year-old female. Under state law, a 15-year-old is unable to consent to sexual conduct.

Philip C. DeGraff, 45, of 81 Walker Road, Perry, is charged with aggravated harassment, 2nd. DeGraff allegedly threatened to kill another person. He was jailed on $1,000 bail.

Sharon E. Herdtner, 51, of 25 North St., upper, Batavia, is charged with disobeying a court mandate. Herdtner allegedly refused to appear for the Grand Jury after being served a subpoena at Batavia PD headquarters on Oct. 28.

Scott Ogle

I applaud officers Frank Klimjack and Darryl Streeter's diligence. Even given a chance to correct the situation, the accused chose to be a jerk. And who needs the litter, anyway?

Nov 7, 2013, 9:53am Permalink
Billie Owens

If the police officers observed him tossing a lit cigarette down on the ground and the guy was dumb enough to give them back talk instead of simply disposing of it properly like he was told to do, which is what the post says, then, well, I guess he needed to little "me time" to think about it.

Nov 7, 2013, 10:31am Permalink
jason reese

If the officers do it to one person, then they have to enforce the code to all people who violate city municipal code. There are a lot of people who smoke cigs and do not dispose properly. Now i ask, do you think these two city cops are going to enforce the law every time someone does not follow the code? The answer is no.

Nov 7, 2013, 10:41am Permalink
bud prevost

Feet on the ground in a bad part of town. Thanks for the fine job, officers. You attempted to give him a chance to correct an incorrect action, and he declined the opportunity. Pay the fine son.

Nov 7, 2013, 11:07am Permalink
scott williams

I'm sure some people are against petty charges like this but in an attempt to take back a neighborhood from criminal activity your going to see more of this until the idiots involved go to another spot. I think its great what their doing keep up the GREAT POLICE WORK B.P.D. THANK YOU!

Nov 7, 2013, 1:03pm Permalink
Doug Yeomans

I'm not sure most people are against it, Scott. If people want to throw cigarette butts on the ground at home, fine, but on the sidewalk or in the street, I don't like it. To me, it's disrespectful and it's classless. If I smoked I wouldn't even throw them on the ground at home. I know that the police have better things to do, but if a person blatantly throws a butt on the ground in front of a cop, what's wrong with the cop asking them to pick it up and dispose of it neatly? It actually is their job, and littering sucks.

Nov 7, 2013, 1:29pm Permalink
Christopher Putnam

Lets just have everyone move out of that rat warren, and burn it to the ground. Make it a nice park or something. That place has been nothing but trouble my whole life. Its the ghetto of Batavia.

Nov 7, 2013, 1:38pm Permalink
Bob Harker

I suggest that Mr. Lockhart and Mr. Reese are prime examples of two things. First, Darwin was wrong. Second, that the old fashioned way that police interacted with smart asses with a swift kick in the ass or a sharp smack on the back of the head proved MUCH more effective in changing delinquent behavior than today's PC restrictions.

Nov 7, 2013, 6:27pm Permalink
Thomas Taylor

Good job officers. Nothing worse than following a car and having the driver throw a lit butt out in front of you, or seeing lazy smokers just throw their butts on the ground wherever they want. Littering is littering, whether it is a cigarette butt or a fast food wrapper.

Nov 7, 2013, 6:59pm Permalink
Robert Tretter

I always love how when a police officer does his job there are certain individuals that complain (famous comment) "Doesn't he have anything better to do?". Most of these people are against rules and the authority (aka police). But God forbid if they need the police for help they respond, please help me. Then respond afterward thank you for being there. Then a hour later say police suck. lol

Nov 7, 2013, 9:07pm Permalink
Scott Ogle

"Now i ask, do you think these two city cops are going to enforce the law every time someone does not follow the code?"

Frankly, I hope they would. But I do hear you, Jason. There is no room for a two-tiered system of justice. I don't know the particulars here, but some accused may have been looking for a fight.

Nov 7, 2013, 9:20pm Permalink
Robert Tretter

I missed commenting on the article about the police having a road check in the city and people were having a fit about don't they have better things to do. It's harrasement? Come on. Say for example they pick up someone with no insurance. Some of you that wine. Well what happens if this person hits you and and they have no insurance and your insurance has to pay and you have to fork out 250 or 500 or more for your deductable to get your vehicle fixed who's complaining? Get over police are bad! Very very few are.

Nov 7, 2013, 10:04pm Permalink
Mary E DelPlato

OMG LMAO!!!!!!!!!!!!!!!!!!!!!!really????if they fine every one for throwin a cig butt will our property taxes go down???? this is freakin hilarious....+

Nov 7, 2013, 10:24pm Permalink
Lorie Cook

And as far as littering goes I will applaud. I am sick of people wandering around, driving around and just dumping crap on the ground and out their window. Have you ever been on the Thruway and had some jerk throw a bag of garbage out the window and it smashes all over your windshield blinding you. Yeah, if you do it, shame on you.

Nov 8, 2013, 12:18am Permalink
Laura Westfall

Yeah, like out of town. If you can't respect our city, leave! Go to some run down slum that is embarrassing to look at let alone live in. If this is your city too, then treat it like you want it and appreciate what you have!!!

Feb 23, 2014, 8:04pm Permalink

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