Published: May 14, 2008 02:51 pm            

WEDNESDAY: Attorney wants imprisonment charge dismissed (2:50 p.m.)

COURTS: Attorney for Daniel Bowser says charge is not supported by evidence.

An attorney for the Newfane man accused of trying to abduct a 10-year-old girl on Price Street has entered a motion to have the charges dismissed.

Christopher Privateer entered the motion Wednesday in Lockport City Court on behalf of his client, Daniel G. Bowser, 24, 2991 Lockport Road.

“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.”

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

The girl told police she was walking to school on Price Street about 8:15 a.m. when Bowser drove past her in a green Chevrolet Malibu.

The girl said the car turned around on Waterman Street and came back to pass her again. Bowser allegedly rolled down the window and asked the girl to get in the car.

When she said no, he drove away, the report said.

The alleged incident was witnessed by a crossing guard, Peggy Crego, and her husband, Paul.

Crego took note of the car’s description. A few hours later, she reportedly 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.

Privateer said the case has had a devastating effect on his client, who reportedly told police he stopped to talk to the girl 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.”

Contact reporter April Amadon at 439-9222, ext. 6251.

        

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