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On the Beat: More charges, jail time, for alleged abuser

By Philip Anselmo

In our police blotter yesterday, we reported the charges filed by the Genesee County sheriff's deputies against John McGowan relating to an ongoing investigation of alleged domestic abuse spanning several months bewteen October 12 and December 17. Seeking more information about the class of those charges and whether McGowan had been released or sent to jail, we were contacted by Chief Deputy Gordon Dibble, who explained that the case was more complex than those five charges we listed yesterday.

As we stated yesterday McGowan, 32, of 5 Highland Park, Batavia, was charged with third-degree criminal mischief, second-degree coercion, third-degree assault, fourth-degree aggravated harassment and fourth-degree stalking. We have since learned that the first charge of criminal mischief was a felony. All other charges were misdemeanors. McGowan stood for those charges in the town of Batavia as a city court judge was unavailable at the time. McGowan was successively arraigned twice, in the towns of Batavia and Alexander, explained Dibble. All of the charges in each of the three municipalities related to the same investigation into allegations of abuse and harassment of the same woman conducted by the sheriff's deputies. They were filed based on where the alleged crimes occurred.

McGowan's first arraignment in the town of Batavia resulted in his being sent to Genesee County Jail in lieu of $7,500. That bail was "promptly" posted, said Dibble. Following that, McGowan was arraigned in the town of Alexander on the charge of aggravated harassment. He was again sent to Genesee County Jail in lieu of $5,000. Again, the bail was promptly posted. McGowan then faced charges of second-degree unlawful imprisonment and second-degree harassment in the town of Batavia. In that instance, it was decided that no further bail was necessary, said Dibble, and McGowan was released on his own recognizance.


David J. Staba, 40, of Darien, was charged with driving while intoxicated early this morning, Genesee County sheriff's deputies said. Staba was stopped following a one-car property damage accident in Alexander. He was also ticketed with moving from the lane unsafely.

Richard Gahagan

What is the point of the on the beat and police blotter reports? Is this really news? Or is the purpose of reporting on every arrest made in a small town to embareass local citizens publically so every one in town can gossip and have something to talk about.

Dec 30, 2008, 12:28pm Permalink
Howard B. Owens

It's news. It demonstrates our tax dollars at work, the police at work. It reflects events in the community that impact the lives of people other than the suspects. It provides a pulse of the community as to what level and type of crime problem there is, if any.

While acknowledging that suspects are presumed innocent until proven guilty, a good way to avoid potential embarrassment in the press is to shy away from those activities that lead to police suspicion and arrest.

Dec 30, 2008, 12:46pm Permalink
Alicia Herdlein

If this is how our tax dollars are being spent, then Im worried.  I think this is nothing but gossip that will definitely affect his life even if he is proven innocent.  It's not fair to pick and choose what story is the juiciest at the time and exploit that story.  This is for the court to deal with and then the ACCURATE NEWS can be reported.

Dec 30, 2008, 1:01pm Permalink
Teresa Spink

I like the the "Police Blotter"!!! Are you going to tell The Daily News to stop putting them in the newspaper. Every newspaper put them in. And if don't mess up with the law, then your name will not be in this part of the news and you won't be embareass!

Dec 30, 2008, 1:15pm Permalink
Alicia Herdlein

All I'm saying is that not everyone gets reported in the Police Blotter. If you have a police blotter then everyone that gets arrested should be reported. It shouldn't be a pick and choose on who gets reported. Also, everyone who gets arrested doesn't get a story like this printed about them, do they.

Dec 30, 2008, 1:20pm Permalink
Philip Anselmo

Alicia: Everyone who is reported to us gets printed in the blotter. We do not pick and choose. We always check with the police to see if there are arrests we miss. We're also working on getting the comprehensive call information from the police.

As to someone "getting a story like this printed about them" — this was handled no differently than the driving while intoxicated arrest which followed it. The only difference is that in the case of McGowan, many more charges were filed, in three municipalities, and he was arraigned three times before two judges. Those details simply required more text to convey. Other than that, there is no qualitative difference in the presentation of the arrests.

Dec 30, 2008, 1:31pm Permalink
Richard Gahagan

This is not news - It's Mayberry Gossip- reporting on every ticket that Barney issues so Aunt Bee can have somethng to talk about with Gladys Kravitz at the grocery store.

Dec 30, 2008, 2:48pm Permalink
Mark Potwora

I agree..I think it would be better to report what goes on in that fancy court house we have..i can see reporting crime after the case has been tried and a sentence has been given.. What goes on at the court house...Do they ever have trials over there..Never seem to hear about what goes on there...

Dec 30, 2008, 5:53pm Permalink
Russ Stresing

Newspapers and websites report the police blotters because its easy and cheap. Court reporters would cost money. Re-typing police reports is simple and not much more than transcription. It needs no journalistic talent, no investigation, and it appeals to the lowest level of our voyeuristic tendencies.

Howard's statement, <i>"a good way to avoid potential embarrassment in the press is to shy away from those activities that lead to police suspicion and arrest"</i> is proof that readers tend to mentally convict people charged with those crimes. It presupposes that anyone arrested or charged is already guilty because the police suspected them and arrested them and charged them. That sort of sentiment scares me.

And as soon as The Batavian and The Daily start printing a regular column of dismissed charges, I'll feel more convinced of their claims of nobility and public service.

Dec 30, 2008, 6:14pm Permalink
Russ Stresing

<i>This is not news - It's Mayberry Gossip- reporting on every ticket that Barney issues so Aunt Bee can have somethng to talk about with Gladys Kravitz at the grocery store.</i>

Aunt Bee was in Mayberry. Gladys Kravitz was on Bewitched. I remember this but not the elemental table.

Dec 30, 2008, 6:26pm Permalink
DOUGLAS MCCLURG

well since this whole thread is who-ha-he-BS anyways
maybe i'll make the news if I don't get some work this winter.If you don't like it,move on to the next article-

yean,let's go talk football-that i like

happy new year folks

SHEDGUY ROCKS

Dec 30, 2008, 8:05pm Permalink
daniel cherry

Every story has two sides.We are only getting one side of the story here.Thanks.O you cant say someones drunk on here^.I know first hand how the BPD works.Or usually doesn't.I was arrested in the past many times.I never said i was a saint here.But when a woman keeps sending pictures of a mans deceased daughter and he says what he thinks he gets arrested.I did.And right after my boys last T-ball game picnic.I was locked up for 45 minutes to get an appearance ticket. Nobody arrested her for harassment.So then a complete stay away order is issued by court.Knowing i have full custody of the children.And she has visitation ordered by family court.Another farce.So i am told by cps only to send the children every two weeks if there are problems.There were problems.The court order was changed to only for visitation purposes.So i emailed her in July 06 about visitation.The boys and i were camping at the Sand wash.We came back to town to charge my camera batteries and get supplies.We went to Aldis.I saw police outside.I went out of Aldis and was shown an "old" court order.In "dark print" it said any not to have any contact with her.Of course i was allowed to put my supplies in my trusty bike wagon.Then they were yelling your under arrest throw your money down.I didn't throw down my money quick enough for them.So two big cops slammed me to my knees in front of my children.It hurt real bad.Then your nice Batavia cops were trying to slam my face to the ground.Daniel who was only 8 stood in front of me.Then they stopped and only then.My boys were screaming and crying daddy, daddy.I was taken to a city court judge bleeding.Not to a doctor of course.This judge personally knows my kids mom.And that shes neglectful.He was my lawyer when i was young a conflict.He set my bail at 2500$I went to get my prints and the cops took pictures of my knee.O yea of course i was arrested for resisting arrest.That's what happens when they use excessive force on you.I have a disability.While in jail i was never given my medication except for right before i went to court.I kept going back to court over and over.Your tax dollars at work.I had a public defender who kept telling me you'd better plead guilty cause you know they will believe two cops over you.Eventually i did plead guilty.To keep my boys out of foster care not because i was.Because liberty and justice is only for those privileged enough to afford a lawyer not from Genesee county.Yes i think there should be a chance for both sides of a story to be told.How many other stories like this are out there.They are building more Prisons.Then your tax dollars can work real hard.I don't think the exorbitant fines cover court fees and lawyers do you?My opinion of the above is they "Threw the book at him like" overkill".Then he can spend more time in jail and more of your tax dollars.

Dec 30, 2008, 9:25pm Permalink
lazario Ladou

We mentally convict people all the time on less for less
please

This guy has been officially charged with numerous actual illegal offenses
Is he guilty? Is or isn't
Does it tell me something about the area/world in which I live
Certainly does

That's real valuable

Innocent on these charges? Maybe.
Somebody is guilty of something, though

taking from Chris Rock
$5000 bullets
You find someone shot to death with $50K worth of bullets
Somebody did something

Wait till after
Found innocent
No news item //who spends time on things that didn't officially occur?
Doesn't mean he's not guilty
Doesn't mean nothing happened

Has Michael Jackson ever been found guilty?
Sweeeeet. We can all pack up our kids and ship em out for weekend fun at the Neverland Ranch

Sure
riiiiiiiiiiiight

Dec 30, 2008, 10:44pm Permalink
Howard B. Owens

This is news. It's been news in newspapers since 1835.

Currently, don't really have a true police blotter. I wished we did but haven't been able to get full cooperation from the BPD or Sheriff's office.

Every newspaper I've ever worked for had police blotter and fire calls. A blotter is a time-stamped record of all the pertinent calls that the police receive. We had that for a while, and then the BPD stopped giving it to us.

Currently we provide primarily information released by local law enforcement agencies to all local media. The Daily News prints the same exact thing we publish, but in their own words of course. WBTA often reports on the same cases.

These cases can have profound impacts on communities. It serves nobody's purpose to sweep them under the rug.

If anybody's name appears here as charged with a crime and they want to proclaim their innocence, it's an open forum. On other news sites, I've seen relatives provide that service.

As for actual police blotter, it's second only to obits for the most requested content that we don't have on the site. People want to know what has been going on in their neighborhood and I believe they have a right to know.

Dec 31, 2008, 1:17am Permalink
L. Brian Clark

Howard . . . What about the Freedom of Information Act? You should be able to enforce it. If you really want the cooperation of the police and fire departments you should be getting it. This is one of the ways media get their information. But they have to go after it legally. They don't always do it for various reasons, but it can be done if you really believe in it and pursue it.
As far as information in police blotters, it is very bias because not all the information is there. That is one of the reasons for the Freedom of Information Act. People are always wondering why certain information is published for a select few, but not all.

Dec 31, 2008, 9:39am Permalink
daniel cherry

When i went to BPD to get a police report about that above incident^.I was told i cant have one.To call a DA.I did and they said i can't have one even if i did file a freedom of information act.I have one now though.I still have a permanent scar on my knee from them.I don't know what happened with the guy McGowan.But if i read "between" the lines i see more than what is written.Don't you?

Dec 31, 2008, 11:00am Permalink
JT Hunt

i went 2 school with johnny mac. gr8 athlete, odd sense of humor. he was a bit protective of his lady. even whilst tending bar at t.f. browns. "no woman is yours, nothing is yours. thieves prove that!" (henry rollins) do your time, pay your fine and keep learnin. this confucious say "small town cops bored!" amen.

Dec 31, 2008, 12:21pm Permalink
Howard B. Owens

Brian, just noticed your comment. Without going into details, but in this case the issue is a bit more complicated than just a FOIA request could solve.

Dec 31, 2008, 7:53pm Permalink
Gabor Deutsch

NEVER PLEAD GUILTY to something you are charged for if you didnt do it. No One or Any system is perfect. 90% of people tried, convicted, and sentenced to jail/ prison are all wrongfully convicted and INNOCENT. Yeah, I believe that one. Now minor violations, thats different. What about a rap sheet a mile long for convictions? Sometimes people are presumed guilty before trial and proof? Then they plead guilty ? Thats mental defect to me. But if you are pleading or found guilty year after year, well odds are that you are GUILTY. Even if one time out of many you didnt do it, well you WILL be Convicted. If you plea guilty you are. If you say yes but it means no what good is the spoken word. You cant hide behind mental defect or argue that you have children to take care of thus not treated well or fair. This happens everyday.

Jan 1, 2009, 1:35pm Permalink
JT Hunt

is it true that there are a few local policemen on disability from being injuried on the job? if this rumor is true, the 'ol town sure has gotten lively since i left! didn't see too much insanity on new years eve, but 'tis nice to be back in the buckeye. hope to have some great twister pics for the site in a few months! ;)

Jan 2, 2009, 3:45pm Permalink
JT Hunt

p.s. - it's so flat here i watched my dog run away for two days! i'd trade some of the recent ice for a bit of granual, scenery snow. callin for more ice here sat nite.

Jan 2, 2009, 3:49pm Permalink
Savage Henry

Why did this toolbag not make the Daily News or WBTA? They report the arrest of people accused of minor, minor crimes. This guy is charged with serious crimes and IS NEVER MENTIONED except by the Batavian! This is why I will never live in Genesee County again. Scumbags can get away with anything there if their Dad knows the right people.

Jan 4, 2009, 1:37pm Permalink
JT Hunt

not sure who his dad was, but wasn't it on the front page of the daily fly swat? during my recent visit, i only casually glanced at some of my family's accumalated pile 'o dread (aka local papers) . thought it was on the front of a sat edition. could be wrong. i got some funny recent cincy/columbus news stories. always an endless supply of that when you live near ky!

Jan 5, 2009, 4:47pm Permalink

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