Buffalo, N.Y. (WBEN) - After a 17-year-old was charged with the attempted murder of a Cheektowaga Police officer and given bail, law enforcement leaders are pushing for tougher punishments. But Albany insiders say that's not likely at this time.
Erie County District Attorney John Flynn was furious the suspect in the Cheektowaga case was granted bail. He says he will now remind judges of a change in bail reform in last week's passed state budget. "In 28 days, the judge doesn't have to have the mindset of least restrictive means, he can focus on doing the right thing," says Flynn.
Related
Cheektowaga Police Chief Brian Gould says car thefts have been on the rise among adolescent offenders since the origins of the viral social media challenge known as the "Kia Challenge," and says crimes have been going up among teens. "The people involved in this case are repeatedly committing crimes, night after night, with no fear of consequences or deterrents, and have no leadership at home," says Gould.
Listen to WBEN NOW!
Will this case send a message to Albany lawmakers about adjusting bail reform or Raise the Age? Jack O'Donnell of O'Donnell & Associates tells WBEN he doesn't think so. "This is going to send shockwaves across the state. Even, as a result, many that said there is no appetite in the legislature to address especially things like raise the age," says O'Donnell. He says the very late budget was because, in part, Governor Kathy Hochul was pushing for some other reforms to the criminal justice system. "I just think there's absolutely no appetite from the legislature to address these issues," says O'Donnell.
O'Donnell doubts any movement on toughening penalties against teen offenders will happen this session. "With the late budget means there's less time left. For all the other priorities that individual members have about their districts. Do I think this is something that will be socialized, and we'll hear about the rest of the year, maybe heading into next year session, maybe," notes O'Donnell.
State Senator Patrick Gallivan, a former Erie County sheriff, agrees. "Unfortunately, there's very little appetite, or shall I say, the majority of legislators do not favor increased penalties, not just for minors, but for anybody," says Gallivan. He says if you look at the crime, specifically, as it relates to teenagers, you can draw a direct link on an increase in crime the past several years to the changes in the law from several years back. The set of laws dealing with raising the age, the laws have something to do with it. And the fact that the state had the time, in lieu of some of these reduced type penalties in the way that minors would be treated in the court called for enhanced pretrial services," which Gallivan says the state has failed to fund.
Gallivan says repeat offenders have become a problem, regardless of age, exacerbated by the changes in the bail laws. Gallivan says the changes in the budget are nothing more than semantics. "Changing the requirement that dropping the least restrictive requirements for judges, and replacing a language that talks about the degree and control necessary to return a person to court is not a change in my mind at all," says Gallivan. He says judges still can't consider the dangerousness of the offender.
He says a majority of liberal leaning lawmakers don't want to address the matter. "We're creating more victims and that paying attention to victims, and that paying attention to the betterment of our community solely to take care of some of the individuals who violate the law," says Gallivan.