Published: May 14, 2008 05:37 pm            

LOCKPORT: Attorney wants imprisonment charge dismissed

The attorney for a Newfane man accused of trying to abduct a 10-year-old girl May 1 told a City Court judge Wednesday the case against his client is one big misunderstanding.

Christopher Privateer said Daniel G. Bowser, 24, 2991 Lockport Road, had stopped to talk to the girl on Price Street because he thought she needed help.

“These charges that have been placed against him have been placed against him because he is a (24-year-old man),” Privateer said. “If his mother had done exactly the same thing, we’d be giving her a good citizenship award rather than arresting her.”

The case has had a devastating effect on Bowser, according to Privateer, who entered a motion to have the charges dismissed Wednesday.

“The paperwork that’s been filed by the district attorney’s office and the police does not, on its face, provide adequate factual information to support the charges,” Privateer said. “(The paperwork) has to show ... that a crime has been committed, and they do not show that a crime has been committed. It’s that simple.”

In addition, Lockport police said Bowser will not face any charges with another attempted abduction on April 21.

In that case, a 13-year-old girl told police she was on the corner of West Avenue and Bright Street when a man drove by her and waved, then turned around and came back.

The girl said the man parked the car and got out to look for her, but she was frightened and ran away.

Lockport Police Detective Capt. Richard Podgers said the girl was unable to identify Bowser as the man in the car, so Bowser will not face charges in connection with that case.

“The other child could not make a positive identification,” Podgers said. “I don’t think she had enough time to see the person. She ran as the car came back and only had a passing glimpse.”

Bowser is charged with attempted unlawful imprisonment for trying to lure the girl into his car on Price Street on May 1.

The incident was witnessed by a crossing guard, Peggy Crego, and her husband, Paul. She took note of the car’s description. A few hours later, she saw the car on West Avenue and followed it to Niagara Street, where she flagged down a police officer.

Bowser was taken into custody. He was also charged with unlawful possession of marijuana, driving with the driver’s view obstructed, driving with an unauthorized window sticker and driving without valid insurance.

The district attorney’s office will have the chance to respond to Privateer’s motion to dismiss the charges.

Bowser, who is out on $1,250 bail, will return to court at a later date. Podgers said Bowser’s case was adjourned until June 2.

        

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