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Photo Essay: An alleged DWI arrest

By Howard B. Owens

After this afternoon's minor accident on East Main Street, I was tipped to stick around  -- there might be a field sobriety test about to take place. So I did.

The test was administered by Officer Chris Camp. The name of the subject is not yet available.

It begins, above, with a pat search of the subject. ...

Instruction, walk a straight line touching ...

... heel-to-toe ...

More pictures after the jump:

walk heel-to-toe ...

... and turn around (just after this shot, the subject literally threw up his hands and stopped the test) ...

Stand with your arms to your side holding up one leg (Officer Camp is now joined by Officer Eric Hill and rookie Mark Lawrence) ...

The eye test, or officially known as the horizontal gaze nystagmus ...

... cuffed ...

Charlie Mallow

I don't think the police like to have their pictures taken but, I heard about a ruling today that said they don't have the right to privacy when they are interacting with the public.

Jul 14, 2010, 6:42pm Permalink
Billie Owens

This is Howard using Billie's computer ...

If you're in a public place -- particularly on, say, a public sidewalk, you can take pictures of anything you want. There is no expectation of privacy in a public place.

Jul 14, 2010, 6:46pm Permalink
Howard B. Owens

FWIW, I spoke to the officers after the arrest was finished, and I'll just say, there was absolutely no concern about me taking pictures. Of course, they all -- except for the new guy, Lawrence -- know me.

Jul 14, 2010, 9:51pm Permalink
George Richardson

You know, sometimes my heart is in Batavia but I'm sure glad my body is not there. WWAI Walking While Alcohol Impaired, $5000 fine. Are bars still legal in Batavia? I mean the kind you sit in front of, not the kind they lock you behind. I couldn't have stumbled from Mooney's to the New Hamilton Hotel without getting busted, if now was then.

Jul 14, 2010, 10:22pm Permalink
Howard B. Owens

Ha. Good catch, Gary. Corrected.

George, you do realize, don't you, he was apparently involved in an auto accident.

Jul 14, 2010, 10:26pm Permalink
Ryan Scott

howard even on the show cops people have to sign a waiver to have there face not blured out have a little respect this could have done with out the pictures. and only 2 spelling errors today:)

Jul 15, 2010, 2:40am Permalink
Paul Cook

I agree with Ryan the photos with him walking away from you would have been enough to illustrate your point. Eight photos, kinda excessive and tacky.

Jul 15, 2010, 7:22am Permalink
Howard B. Owens

Ryan, Cops is not a news program. It's a commercial endeavor. In order to show the likeness of a person for commercial purposes, you must obtain a waiver. Journalists don't have to do that. If you're in public, I can take your picture. Anybody can really, they just can't sell it for commercial purposes (though they can sell it to another news organization -- I could, for example, if they wanted them, sell these pictures to the D&C).

There's nothing tacky about it, Paul. News photographers have been showing the faces of suspects and crime victims as long as there have cameras.

And the point -- showing what is going on with a field sobriety test from beginning to end -- could not have been accomplished with one photo.

Jul 15, 2010, 8:23am Permalink
Gary Spencer

AMEN Howard! It was great coverage! it is news, like photos at a baseball game, or any other news worthy event! Keep up the good work! (and it was right outside your office, basically fell into your lap!)

Jul 15, 2010, 8:34am Permalink
Teresa Spink

If you guys don't like the pictures or didn't want to see more pictures, then don't hit the "Read More".

If there was no picture everybody would be asking for them!!

Think about this if it was not for Howard or Billie how much News would we have missed??? It is almost minute to minute news

I think Howard does a wonderful job on what he does and the stories that he brings to us.

I just want to say Thank you to Howard and Billie for the great coverage, and all the hard work that you guys do!!

Jul 15, 2010, 8:40am Permalink
bud prevost

Well I believe it can be viewed as a weapon against drunk driving. You never know who may be around to take photos. Great job, Howard. (And I agree that Billie is probably the brains behind this whole operation :))

Jul 15, 2010, 9:05am Permalink
Howard B. Owens

George, if I make a lot of money, my wife's going to be darn surprised to find out.

News organizations make money, but they're still journalistic endeavors. Without a way to make money, there would be no news. That doesn't make it a commercial enterprise in the way Cops is. Cops exists solely to make money. It has no journalistic intent. A news org's primary role is to inform the public. It needs to generate revenue to do that.

Any time you express your opinion in a public forum you run the risk of having people disagree with you. That is not "ganging up on."

And my approach to news is, if it's interesting to me, I report it. Deciding what is news is not a group effort. There isn't time to take a vote on every item and decide if it's newsworthy. I don't want to come across as arrogant on that point. It's just reality.

If I happen to be around another DWI arrest some day, I might do a similar series of pictures. It was an interesting exercise and I think I could do it better next time (I should have simply shot more pictures, for one thing -- I missed a couple of interesting shots just because I wasn't pushing the shutter -- digital film is cheap, take more pictures).

We do a lot of little slice-of-life reporting around here. We try to reflect what is actually happening in the community. This post fits that format. It's what we do and will continue to do.

Bud, one thing I've learned about reporting news -- don't try to predict the outcome. Some guys might take it as a wake up call, others might just shrug it off. I just report as honestly as I can and let the cards fall where they may.

Jul 15, 2010, 9:25am Permalink
Timothy Walton

George- "maybe its time to be honest ith the wife. i know first hand how much the advertising goes for on here."---- just because you know what the advertising goes for doesn't mean you know how much he makes. Howard has expenses just like every other business does- rent, bills etc. It's not all profit all the time.

Jul 15, 2010, 11:09am Permalink
Charlie Mallow

George has a point, this guy is being humiliated by these pictures and it's tough to not feel bad for someone who has hit bottom. Drunk drivers also deserve this kind of treatment and it could do some long term good. Driving drunk is dangerous and most likely the cause of the minor accident which could have been far worse.

Hopefully a little public humiliation will help this guy make some changes to his lifestyle before he kills himself or someone else. I'm sure this will also serve as an example of what could happen if you do the same.

Howard lives to catch people with their pants down, that's why the site is popular. If your going to do something stupid in this area, expect your picture on TheBatavian.

Jul 15, 2010, 11:34am Permalink
Paul Cook

This site is not hobby, it is Howard's livelihood. He does not have another job that I am aware of. It is not a blog with advertisements that he does on the side. His number one goal is to make money, not provide us with information out of the kindnest of his heart. Please don't think we are that naive. The news is to get unique hits to this site that he then converts to advertiser dollars. The more humiliating the pictures, the more comments and conversation, the more he can ask for advertising. Tabloid in disguise as journalism, perhaps?

Jul 15, 2010, 11:44am Permalink
Autumn Connolly

I think the pictures prove that the Batavia City Police do their jobs! @ George: Why are you on the Batavian web site then? The Batavian is the News that doesn't make the News. It is happenings all over our city. So if some one that got caught driving drunk gets his pic here so be it. His name would show in the Blotter anyway and now that people know what he looks like it could keep him from going out drunk again. A picture is worth a thousand words! I love the Batavian!

Jul 15, 2010, 12:31pm Permalink
Howard B. Owens

Charlie, maybe he's being humiliated, maybe he isn't. You don't know, because you don't know how he will take it. And it's not my job to decide that.

As I told Bud, it's not my place to predict the reaction to coverage. That's an impossible and fool's mission.

Charlie, was my goal to catch people with their pants down when I go and cover a lacrosse clinic or Challenger baseball?

My goal every day is to do the best I can with what limited resources I have to reflect life in the community. Sometimes that's taking a picture of a barn, some days that's covering a guy getting busted or going to court.

Paul, you can be as cynical as you like, but I stick very closely to our editorial mission, as stated above -- cover the community, period. One thing that undercuts your argument is that unlike, say, the Daily, our ads are not sold on a page-view basis. If I get 200K page views in a month, I make just as much money as if I serve 300K page views.

It's very gratifying that the site continues to grow in popularity. That growth, and the resulting good results for advertisers, is important to me because I'm really enjoying what I'm doing. I want to keep doing it. I don't want to go back to the corporate world. That only happens through growth, but growth will only continue if we stick to our editorial mission -- which is to cover what's going on in the community.

I've been in journalism a long time and among the many things I've learned is that there's always going to be somebody who doesn't like what you do. The only thing you can do is keep doing what you believe is right.

I've spoke to several colleagues about this post and every one thinks it was a great topic for news coverage.

If Paul and Charlie and Ryan don't like it, well, I'll just have to live with that. But I'll continue to defend the coverage because I know in my heart, soul and mind it was appropriate. There is nothing wrong with it morally or ethically or legally.

Jul 15, 2010, 12:45pm Permalink
Paul Cook

Legally, until the guy kills himself from the humiliation and the family comes back on you. That my friend is being cynical, the rest is just stating the painful truth. You got me on the the per hit price, but people will not bother if you don't have enough hits. It is not my fault you don't have a growth plan other then begging readers for subscriptions.

Jul 15, 2010, 12:55pm Permalink
Howard B. Owens

Paul, if you don't like The Batavian, why do you come around? Nobody is making you read it. What's the point of purposefully misstating what I'm doing? Your statements are so ridiculous and illogical, it puts me in the position of finding it difficult to articulate a response.

For the record, there is no conceivable situation in which I have ANY legal liability regarding these pictures. None whatsoever.

You've gone completely overboard in that regard.

Further, do you accuse the Daily of begging when it runs subscription ads? They don't even offer subscribers $600 in savings at local businesses.

Obviously, I have a growth plan, because we keep growing.

Frankly, you've not a clue what you're talking about neither as regards The Batavian nor the journalistic issues involved in this post.

Jul 15, 2010, 1:03pm Permalink
Charlie Mallow

Howard, I'm not passing judgement on your actions. Your content is sometimes a bit edgy and that is the attraction to the site for some. I am also not the type of person that reads or cares for police blotters either. I would rather not be a part of kicking someone when they are down. With that said, I do see the need to inform the public. I also do see how these pictures could help this guy in the future, it just leaves a bad taste.

There is no crime with what you did and you have every right to earn a living from the site as well. Posting these pictures isn't out of ordinary for this site.

Jul 15, 2010, 1:03pm Permalink
Gabor Deutsch

My understanding is that there was an accident and this all happened right outside Howard's office. I am glad it wasn't me or my family/friends. I do think that there should be some right to not have your picture taken while your out in public but the way things are today with camera's on phones you can't do much about it. You can chose not to be in public or not attend any public gathering but that is just punishing yourself. It makes sense to me that if you break the law you are definitely going to be a target for a picture and maybe well so.

Jul 15, 2010, 1:14pm Permalink
Paul Cook

Howard, I like SOME of the content on this site that's why I come back. Example: The coverage of Latina's effects me as I go to the gym and the crazy guy with the ducks lives within a mile from me and I see that shitehole a few times a week. Those were news and picked up by reputable news organizations. Honestly I just don't like you and the way you come off. People can sue you for anything, just was showing you what cynical really is. I am not sure what is so ridiculous and illogical to you that you couldn't respond to. It is obvious that something is making sense that you keep responding. I meant growth in revenue too. I hope for your sake that you never make a mistake and some jackass has a camera, heaven forbid...

Jul 15, 2010, 1:34pm Permalink
John Roach

I have to agree with Howard on Paul. The guy whines about the way the site editor writes a story. But he seems addicted to it.

This is no different than buying the paper everyday and crying you don't like the editorials. Don't buy that paper, there are others. Paul has the same option, he can go to another site.

Remember, Howard was not out hunting this guy down. There was an accident on Main Street. Howard did what he usual tires to do, go out and get a photo and report what happened. This time there was a bit more, so why not cover it all?

Jul 15, 2010, 1:38pm Permalink
Teresa Spink

I know may sound mean, but I hope is does feel humiliated, maybe next time is will not drive after having a few drinks. And thank god that he did not kill someone!!!

Lot of people see picture after going to a party or bar and the next day and there mouth drops because how dumb they feel for what they did the night before.

For everyone who "feels" bad for this guy because Howard put the pictures up-Would you feel bad if it was "You" that he hit, or your family member or a child, and who know he could have changed you life, for the rest of your life.

Maybe Howard should give him a copy of those picture so he look at them very day.

Jul 15, 2010, 2:57pm Permalink
Tim Howe

At the very LEAST this dui/dwi offender should have his mug shown any and everywhere any media outlet sees fit. He made the conscience decision to drink or get high then jump into his car and commit attempted murder (which is in a roundabout way what a dui/dwi offender is doing)

This time thank God for the victim he carelessly hit it was just a fender bender, but if this took place in a different speed zone, there could have been serious injurys or even death to an innocent person. Then people would have been DEMANDING pictures of the dwi murderer who killed an innocent family. (hypothetically of course)

There is absolutely NOTHING wrong with "Howard the duck" or "Billie the kid" or their "journalistic integrity". :)

If I were there, i would have whipped out my cell phone took some pics of the drunk and submitted them to TheBatavian in a heartbeat :)

The discussion of what draws people to the batavian can simply be answered by saying its instant news. That was what drew me in when this site first started. When events happen they show up on the batavian INSTANTLY and many times WITH PICS! How cool is that? To the people who are being so hard on Howard and Billie, can you imagine life without thebatavian? We would be forced to get our local news from the daily snooze. Zzzzzzz. Their reporting is so SLOW online and of course printed word you have to wait to the next day. Last weeks lead headline on the daily snooze was a story on how fire was just discovered :)

Howard, you and Billie are doing a great job. Thank you!

Jul 15, 2010, 4:38pm Permalink
Richard Gahagan

Better stick to taking pictures of barns and bird crap Howard. I'm concerned for your safety, so be careful. I know some BAMFs that wouldn't appreciate you taking advantage of their misfortune some might not care if assault was added to the charges after you stuck your HickTown TMZ camera in their faces.

Jul 15, 2010, 5:17pm Permalink
Kim Grant

Another that loves this site Howard! Keep up the good work and don't let a couple naysayers tell you different. If that was my picture up there, it would teach me a much needed lesson.

Jul 15, 2010, 7:45pm Permalink
Howard B. Owens

Lots of local news there, Mike.

And we don't censor comments. Only the government can censor. Also, no comment has ever been deleted for the views expressed, only for breaking rules and guidelines related to behavior.

Jul 15, 2010, 10:06pm Permalink
Mike Kelly

Granted, it's world news; but still interesting. I didn't mean to imply that you censor comments, but if you notice, some of their comments are pretty spicy.

Jul 15, 2010, 11:41pm Permalink
Howard B. Owens

BTW: Driving around this evening, I had two thoughts about this post.

One is, I think the pictures are pretty gritty, very real. I, at least, with ego fully showing, think they're good photos. Good photos elicit an emotional response. Some people may just be responding to that emotional response as an empathetic impulse.

The other thought I had was, I could have picked a better headline. I think it should have been "Photo Essay: A field sobriety test," because that's really what I was trying to show. The headline put the emphasis on the arrest, rather than the process, and that may have influenced some people's reactions.

Jul 16, 2010, 12:10am Permalink
Jeremiah Pedro

Howard,

Great job with story and photos. You got exactly the response that I think any journalist could hope for.
A variety of responses from the readers.

As for Richards comments that seemed to be more of a thinly veiled threat than anything else, I wish I could find myself in a situation where one of those "BAMF's" would assault me or damage my gear. I could always use some new camera gear as I'm sure Howard would like to have the latest and greatest gear as well.

Jul 16, 2010, 2:36am Permalink
Autumn Connolly

I can't see anyone going after Howard because he placed a pic online. Now that is outlandish. We know what he looks like so he wouldn't get away with it.lol

Jul 16, 2010, 11:43pm Permalink
Frank Bartholomew

Howard,
The photos are right on the money, in viewing them, you can detect the suspect leaning to one side as a counter balance to compensate his lack of normal balance. I am not sure, but I believe this is what the police use to determine whether the suspect passes or fails the field sobriety test.

Jul 17, 2010, 3:33pm Permalink
George Richardson

I love it when Howard gets testy. I love it when someone says they don't like him or they don't like me or anybody else who goes away mad. That means they are hooked too. Who cares except the people who care? We care, so when people get in a snit about one subject or another no one gives a damn come the next news story. We could be petty, but we don't go there that much, because of a common bond and it's a good thing called Batavia.
I think they call the prior rant "Prose" or TWI, (Typing While Inspirational) It's not a crime yet, as far as I can tell but Batavia is a little different from everywhere else so I'll reserve judgement.

Jul 17, 2010, 7:33pm Permalink
Bob Price

Wahhh wahhh wahhhh-let's feel sorry for the drunken douche.....NOT!!!!!! Serves him right-drunken bum causes an accident,and we're supposed to care about humiliating him?????? I wish the Buzz would've posted this on their site-they seem to get/use alot of content from The Batavian- I didn't catch if this was his first DWI or not. Glad you posted the pictures Howard- you and Billie keep up the great job you are doing and basically up-to-the minute news coverage.This is the first site I check whenever I turn the computer on!

Jul 18, 2010, 12:06am Permalink

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