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Ellicott Street resident accused of burglarizing local business

By Howard B. Owens

A suspect in one of the alleged burglaries over the summer in Batavia has been arrested, but police say the 55-year-old Batavia resident is not a suspect in other burglaries.

Paul C. Wapniewski was taken into custody following an investigation and indictment by the Grand Jury.

Wapniewski, a resident of 410 Ellicott St., Batavia, is accused of breaking into Delavan's Restaurant, 107 Evans St., on May 6.

Following arraignment in Genesee County Court, Wapniewski was released under supervision of Genesee Justice.

He was charged with burglary, 3rd, criminal mischief, 2nd, and petit larceny.

There have been at least 10 other burglaries of businesses in the city this summer, but police say Wapniewski is not a suspect in those crimes.

scott williams

I. dont understand' you can burglarize a business and not even have to post bail.where is the deterent for these criminals to keep them from doing it again. We are tax payers why aren't we protected?

Sep 16, 2011, 4:41pm Permalink
Howard B. Owens

Bail has nothing to do with deterring crime. It can only be used to ensure reappearance. If a judge doesn't believe a defendant is a flight risk, then he can't just set bail to set bail. A combination of factors are used to determine bail -- criminal history, probation history, previous appearance/no appearance for court dates, severity of the crime, ties to the area, employment, etc. Punishment/determent against future crime never enters into it, and legally, can't enter into it.

Sep 16, 2011, 6:31pm Permalink
George Richardson

You are right Howard. No bail is needed on a man or woman that everybody knows doesn't have anywhere else to go and wouldn't if they could.
If I end up on the wrong end of the law, they know where I live and that I'm not going anywhere. The key is, don't end up on the wrong end of the law. Easier said than done, these days. Don't vote for Rick Perry, he's already said he is for sale but he's insulted at the lowball offer Michele implied. And Michele, she is Crazy Cute. I wouldn't want her for President but she would make a really fun girlfriend at this age, for a month or two.

Sep 16, 2011, 7:02pm Permalink
Frank Bartholomew

Scott, as a taxpayer, if this defendent is put in jail, we foot the bill, and if he has a job, chances are he would lose the job,and if he has a family, the taxpayers will end up supporting them as well.This is why Genesee Justice exists.

Sep 17, 2011, 10:12am Permalink
Howard B. Owens

It's not Genesee Justice's job to prevent him from doing more burglaries (if he ever did any in the first place -- remember, at this point, he's just accused, not convicted). It's Genesee Justice's job to ensure he abides by the conditions of his RUS and if he doesn't, report any violations back to the court.

Again, a suspect's propensity toward crime has little to no bearing on bail. Bail is not a punishment. It's not a device to protect society. It's not a device to keep somebody off the streets.

The sole and only purpose of bail is to ensure a defendant shows up in court at appointed times. It is illegal to set bail for any other purpose. If a judge feels that a defendant is likely to show up in court again on a "no bail" release, the judge is obligated under law to set no bail. If there is some risk the defendant will not show in court, then the judge can set bail, and the judge must set bail in an amount commensurate with with the risk of a non-appearance.

Sep 18, 2011, 8:35pm Permalink

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