Skip to main content

Previously reported police activity on Jackson Street turns out to be part of planned law enforcement detail

By Howard B. Owens

We now know that all the police activity on Jackson Street the evening of June 26 was more than just a response to an individual seen running behind backyards between Maple Street and Morton Avenue. It was part of law enforcement detail in the area aimed at identifying issues in the neighborhood. 

Earlier this week, the City of Batavia announced the results of the detail.

Police made contact with numerous individuals, some were on parole or probation.

The person seen running through yards was on parole, but not wanted, according to local law enforcement. He was released after none of the property owners who initially called about him wanted to file a trespass charge. Police are unsure why he decided to run and try to hide from law enforcement, if that is indeed what he was doing.

There have been complaints from citizens on The Batavian and on Facebook that they had their vehicles stopped for no or flimsy reasons, but Chief Shawn Heubusch said all traffic stops were made in accordance with guidelines related to probable cause. 

"Each traffic stop was conducted legally and with probable cause," Heubusch said in an e-mail response to our questions. "As for the probable cause for each I do not have that information. We do not generally keep track of that information unless an arrest is made (DWI for example)."

We asked about the probable cause for the 59 "data runs" reported in the press release.

Heubusch said, "As for the "data runs," these are done routinely when checking license plates or driver's license info, for any wanted-person info, or stolen vehicle, for example. New York State does not require probable cause to run a license plate attached to vehicle."

We asked for the arrest reports/press releases on each of the three arrests reported during the sweep and Heubusch said he would think those arrests would have been reported previously by each of the agencies making the arrests, but he would have to research that further.  

The detail is part of a plan announced earlier this year in keeping with the city's strategic plan, which calls for revitalizing neighborhoods. The effort is designed to identify problems and deal with them before they grow into something bigger.

Frank Bartholomew

Probable cause my arse,the trooper who stopped me invented a reason, its bs
and they know it.
How does stopping someone who broke no laws, isn't a parolee, is not on probation,
fit into the strategic plan, or is it the "harass the citizens plan" until they move out of this over-policed city.
Maybe they forget who pays them.

Jul 12, 2014, 10:03am Permalink
Frank Bartholomew

If all those who were stopped for no real reason, were not ticketed, contacted the
ACLU, I wonder if all would be on the up and up as the Cheif claims.
The trooper who followed me made some very poor choices, like driving 30 mph in the bike lane, tailgated my vehicle, and pulled me over in a very busy area of rt 63.
What would of happened if a youngster rode his bike out of his driveway and into the path of this trooper who was driving directly in the bike lane? I have 4 witnesses to
back my claim.

I beleive the trooper pictured in the photo was the law breaker who pulled me over.
Might as well bring the National Gaurd in, secure a perimeter around the city and go house to house, thereby harassing, oops, I mean "protecting" everyone.

Jul 12, 2014, 10:47am Permalink
Kyle Couchman

I love "what if" statements. I was discussing a subject with a person who is about 95 this week and he said something to me when I posed a "what if" question.

He told me "Do you know what "if" stands for? It's an acronym for Idiotic Fantasy. This is because it's used mostly in arguments to defend/question situations that did not happen instead of dealing with the reality of what did."

Jul 12, 2014, 7:08pm Permalink
Frank Bartholomew

Kyle, can I take that to mean you have no problem with this cop driving in the bike lane and tailgating? Now that would be idiotic.
When safety issues are looked at and discussed, "what ifs" play a huge role in determining how to make something safer.If thats idiotic, count me in.

Jul 13, 2014, 9:49am Permalink
Kyle Couchman

I wasn't there Frank, so I can't really say if I have a problem with it. You say he was tailgating and in the bike lane. I see cars everyday use the bike lane to turn, park and talk on cell phones and so on.

As for the "what if" thing. Well I guess I can count you in as your what if comment is being said here, where it has no effect on making something safer or has a hope of changing anything.

If you take it to a city meeting or city council and speak on these what if's then maybe it wouldnt be so idiotic.

Jul 13, 2014, 10:20am Permalink
Frank Bartholomew

Thats right Kyle, you weren't there.
Why would you take the actions of a state trooper to a city meeting? thats idiotic.
Bringing attention to something is where it starts becoming safer, better, or whatever it is one is trying to improve.
If the bike lane isn't exclusive to bicyclists, why do we have it? If tailgating is a safe practice, why do all good drivers avoid doing so?
Like I said earlier, I have 4 witnesses who can back my claim.
Its not idiotic because you say so Kyle, I think you are just another sheeple waiting to be led to the next feeding trough, Keep eating it up Kyle.
If it doesn't bother you to be pulled over for no reason thats on you, I don't like it
and apparently I'm not alone in that line of thinking.

Jul 13, 2014, 10:49am Permalink
Kyle Couchman

Yeah Frank? And why do we have this focused police attention?

Its the result of the citizens complaints about certain areas in town and the nonsense that keeps happening there. I guess you want it both ways, all the news stories and incidents in these troubled areas have been "bringing attention" to these areas so law enforcement has stepped up their presence and concentration. It's not a sheeple thing Frank, its a nimby thing you want them to do something about all the nonsense. But when they do and you are inconvenienced then it's time to pick apart their job.

I dont eat anything up, police have the right to set up roadblocks and to cut across private property if need be to perform their duties. In your place I would have just answered his questions short sweet and to the point. Handed him Lisc and Reg and Insurance info, and declined to answer any other questions.

For all you know your car could have matched a description of another car, so he stopped to make sure you WERE innocent. Either way someday you might be in a ditch or lying on a roadway, wondering where the hell a cop is to divert traffic and find the SOB that caused your accident. I bet you wouldn't mind any stops of innocent people if it led to arrest of someone who caused an accident YOU were involved in.

Jul 13, 2014, 12:51pm Permalink
Frank Bartholomew

Kyle, what part of I did nothing wrong don't you understand? No my car did not match any description, the trooper claimed he could not tell whether or not my passenger was wearing a seatbelt, which is bs, as he could not miss it as close as he was to my bumper.
I see you used the "if" word, kind of idiotic, wouldn't you say, oh, thats right, you did
say.
My last encounter with a member of law enforcement after being involved in an mva
kind of proves my point, the cop was going to try and give me a ticket for crossing
the center line, he must of figured I was superman, able to control my vehicle after
hitting a deer at about 50 mph, kind of hard to see with the smoke and the air bags.
Even my ins.agent thought that was a little nutty.
Keep on following the shepard Kyle.

Jul 13, 2014, 4:28pm Permalink
Frank Bartholomew

Law enforcement is just that, the police are charged with enforcing laws that are on the books, when no laws are broken, there is nothing to enforce.Leave it that way.
Randomly pulling cars over is not going to solve the issues that are the very reason for the program. The police are just trolling, hoping to get lucky.
I'm not directing my anger at the officers, they have a job, and a boss, and follow
orders, as we all do in the workplace.

I just think lines are being crossed that infringe on ones rights.
No law was broken, no crime was taking place, nothing I did should have evoked polce attention,but the next thing ya know, here comes a trooper right up on my bumper, weaving in and out of the bike lane, and finally lights me up about a half mile later.He claims he couldn't see if the passenger was seatbelted, which he was.

He approached the passenger side, seen that the passenger was belted, and started asking questions. Here is why I feel my rights start getting stepped on .
If the stop was about the seatbelt, that should be the end of the stop, his mistake, not mine.

At what point does he have any right to ask me any question, and in my opinion, without any other cause, even ask for my lic. and reg..

At some point folks, it often looks like the police manufacture arrests/tickets.
Better get your papers in order.

Jul 13, 2014, 6:40pm Permalink
Kyle Couchman

Again Frank your story is all about gee they picked on me and violated my rights. He thought that your passenger was unbelted. So he pulled you over. You could have refused everything else, answering further questions or showing Lisc & Reg. But you didn't. To use your own words, they have a job to do. How would you feel in if someone came i to your workplace and tells you how to do your job?

Wearing a seatbelt is the Law.....agreeable or not, he pulled you over cause he thought your passenger wasn't. Thats not a manufactured crime. You feel strongly about it then go to the barracks and report it. Grousing here doesn't accomplish anything except make them take their time next time they stop you.

Jul 13, 2014, 6:45pm Permalink
Frank Bartholomew

Kyle, its not about being picked on, try to expand your mind a little, I know thats asking a lot. It's about the right to drive down any street with out being pulled over,
for no good reason. It's not my fault the trooper can't see, and once he did see, it should have been have a nice day and stay safe.

If you like having your time wasted, thats fine, I don't,and shouldn't be subject to the gestapo.I can't wait for the next time they stop me.
Yes Mr. point out the obvious, seatbelts are the law, and we were following the law, whats your point.

Maybe if the cops were watching State and Lewis, or 38 Walnut, instead of wasting everyones time pulling cars over for no reason, except for the made up reasons,they just might make a real arrest for a real problem.

Jul 14, 2014, 12:02pm Permalink
Kyle Couchman

Whatever Frank...its apparent that you believe the world revolves around you and that others have to "expand their minds" to put themselves in your perspective. I see hundreds of people drive down any of the streets here in Batavia without being stopped. So that right is hardly being curbed.

Perhaps it was your attitude that kept it from being a "Have a nice day and stay safe..." stop.

Jul 14, 2014, 1:04pm Permalink
Frank Bartholomew

Kyle, give it a rest, other people were just as pissed. My attitude was polite and respectful, so save your hogwash for another post.

Jul 14, 2014, 2:40pm Permalink
Kyle Couchman

Hmmm seems the hogwash comes from both sides there Frank. My hogwash is a bit more believeable than yours is....

Jul 14, 2014, 4:05pm Permalink
Frank Bartholomew

Kyle, I have no idea which one of your fantasies you're playing out today, but I'm talking about something that actually happened.
Remember, I was there, you weren't. More hogwash please.

Jul 14, 2014, 9:44pm Permalink
Kyle Couchman

Whatever Frank all you do is just make up excuses. You were stopped and asked a few questions. Get over it rather than carry on and on and on about how your rights were violated and the police are such jerks and so on......

Jul 14, 2014, 10:03pm Permalink
Lorie Cook

I noticed that long ago, Kyle. There is no talking sense to the senseless. Some citizens actually like a police force presence. It is unfortunate but if your house gets robbed by a knife yielding/drug sick fool and the police catch him in the act...you would think differently. I am sick to death of my property being damaged but people who wander around the city all day and night.

Jul 14, 2014, 11:56pm Permalink
Kyle Couchman

Yep Lorie thats my point. He'd probably WATCH things like that happen but because he feels that the police are corrupt and gestapo like. He would never call them unless it was him or his friends being victimized.

Classic Case of NIMBY-ism. Rules are for other people not for me... type attitude.

Jul 15, 2014, 6:39am Permalink
Lorie Cook

There better not be any road blocks in his way. Abduction my eye. Those sobs are trying to screw me over. I just know it. I bet right now they are thinking about how to mess up MY DAY. All sounds like too much turkey and not enough lurkey. They say the sky is falling…HA, another way to violate henny penny's civil rights!!!!

Jul 15, 2014, 8:27am Permalink
Frank Bartholomew

Kyle, what excuses ?

Lorie, yes, my house was robbed, and I know who did it, I told the police who did it.
Do you think they took any finger prints from the strongbox the theif attempted to
pry open, noooo, They did exactly what they do best, they interviewed everybody except the theif. enough f...ing said!

Kyle, unless your off on another trip, I never called the police jerks.

Jul 16, 2014, 4:01pm Permalink
Lorie Cook

I was riding my bike in the bike lane yesterday and no police officers tried to pull me over. I been bamboozled.

Jul 16, 2014, 4:52pm Permalink
Kyle Couchman

Only person on a trip here Frank is yourself. I guess you KNOW everything the police are supposed to do, and of course they tell you ALL they did as well. Just like the "no reason" for which they stopped you. All makes perfect sense.......to you.

Jul 16, 2014, 4:54pm Permalink
Frank Bartholomew

Kyle, what excuses? Dodging questions that deal with shi# you make up?
It would be real funny if your kid was struck by a car in the bike lane wouldn't it Lorie.

BTW Kyle, the only time I have seen police and jerks in the same post, was your
post. Thanks for the help, but I prefer to be quoted on my own words.
You're quite the "make-up artist" .

Jul 16, 2014, 6:02pm Permalink
Lorie Cook

Wow, Frank, that was really low but you are all knowing so....or maybe you just have a rancid case of smug. But you come across as a big baby huey...just saying.

Jul 16, 2014, 6:54pm Permalink
Frank Bartholomew

Lorie, sorry, but you want to make jokes about something I feel strongly about,
thought turnabout was fair play.

This is about everyone, not just me, I don't like checkpoints either, but at least everyone is stopped, where random pullovers can lead to other problems.
Racial profiling, stereotyping, settleing a grudge, who knows. These things open the door for lawsuits, and we the taxpayers will foot the bill.

The police were just doing their jobs when a baby in a crib had its face destroyed when a flash bang landed in the crib. I don't want to be their next f..k up.

Jul 16, 2014, 7:18pm Permalink
Lorie Cook

I could while away the hours, conferrin' with the flowers
Consultin' with the rain.
And my head I'd be scratchin' while
My thoughts were busy hatchin'

Jul 16, 2014, 7:15pm Permalink
Kyle Couchman

Say what you want Frank, anyone with a brain can see your posts and mine and see whom is the one living in a fantasy. That last comment hoping someone's kid gets struck in a bike lane is a real revealing look into your oh so polished character.

Jul 16, 2014, 7:47pm Permalink
Frank Bartholomew

Yeah Kyle, keep making things up, just like the fios post. Never said I hoped any
one was struck by a car Kyle, does lying make you polished?
Lets see here Kyle, you claimed I made excuses, you failed to prove that, you claimed I called the police jerks, you haven't proved that, hmm, Me thinks your full of
baloney Kyle, and by the looks of things, you proved it for me.
Guess I know what your stuffed with,

Jul 17, 2014, 3:29pm Permalink
Kyle Couchman

Nice re-wording work Frank, but it still shows your character when you say...

"It would be real funny if your kid was struck by a car in the bike lane wouldn't it Lorie."

Even as a joke...

Jul 17, 2014, 5:28pm Permalink
Billie Owens

Jabberwocky
by Lewis Carroll
(1832-1898)

'Twas brillig, and the slithy toves
Did gyre and gimble in the wabe:
All mimsy were the borogoves,
And the mome raths outgrabe.

'Beware the Jabberwock, my son!
The jaws that bite, the claws that catch!
Beware the Jubjub bird, and shun
The frumious Bandersnatch!'

He took his vorpal sword in hand:
Long time the manxome foe he sought --
So rested he by the Tumtum tree,
And stood a while in thought.

And, as in uffish thought he stood,
The Jabberwock, with eyes of flame,
Came whiffling through the tulgey wood,
And burbled as it came!

One two! One two! And through and through
The vorpal blade went snicker-snack!
He left it dead, and with its head
He went galumphing back.

'And hast thou slain the Jabberwock?
Come to my arms, my beamish boy!
Oh frabjous day! Callooh! Callay!'
He chortled in his joy.

'Twas brillig, and the slithy toves
Did gyre and gimble in the wabe:
All mimsy were the borogoves,
And the mome raths outgrabe.

Jul 17, 2014, 6:26pm Permalink
Ed Hartgrove

Thanks, Billie. After 50 years, I had forgotten the reason I never enjoyed the "classics".

Now, I remember WHY!!

Jul 17, 2014, 11:10pm Permalink
Frank Bartholomew

Wasn't trying to spell bologna.Only an idiot would think that.
Bologna can be digested, baloney can't.

Jul 19, 2014, 11:20am Permalink
Frank Bartholomew

Lorie, not trying to be the grammer police, but you may want to fix the last sentence.
Sorry Billy, but I make the same type of mistakes, and don't catch them until after posting them, so I go back and edit them, or as some think, cover my trail?????

Jul 19, 2014, 1:02pm Permalink
Frank Bartholomew

Just for the record, "if" can also be used to talk about the result or effect of something
that may happen or be true. Thats right out of the dictionary, not hearsay.

Jul 19, 2014, 1:25pm Permalink
Frank Bartholomew

Lorie, I should have known who you are, Lorie Russo Cook, good to see you back on the Batavian. I think ???

Jul 19, 2014, 2:22pm Permalink
Frank Bartholomew

Gale, also disturbing is cost. 16 officers = 3 arrests, 1 parole violation, 1 probation violation, and a drug court violation. That is an insult to the taxpayers.

Probably why they started the bs traffic stops, an attempt to manufacture some traffic tickets to offset the costs of this experiment gone wrong.

Jul 19, 2014, 3:17pm Permalink

Authentically Local