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Albany hears about city vandalism

Dunkirk’s recurring downtown vandalism that is being perpetuated by a troubled 16-year-old was a topic in the state capital on Thursday.

State Sen. George Borrello, who saw the article on the repeated incidents against businesses and merchants in the OBSERVER, said the teenager has been charged 16 times in a month and a half while creating tens of thousands of dollars of damages in the spree. He told the state’s Chief Administrative Judge Joseph Zayas that the Raise the Age law has tied the hands of local authorities while a criminal creates chaos.

“This is a problem,” said Borrello, of Sunset Bay, during the Joint Legislative Public Hearing on the 2024 Executive Budget Proposal. “He’s not been sent to juvenile detention. What do you say to those local businesses and those folks who are suffering?”

Raise the Age legislation changed when a child can be prosecuted as an adult to 18 in criminal cases. Prior to 2018, New York was one of two remaining states to hold 16-year-olds criminally responsible.

Dunkirk Police Chief David Ortolano on Wednesday praised his officers and detectives for their work on each of these incidents. He also noted his angst that the individual is not being placed in a detention facility due to a lack of open spaces.

“It’s very frustrating on our part,” Ortolano said. “We’re solving the crime.”

Once city police issue the charges, the 16-year-old — whose name was not released — receives a court appearance ticket and is allowed to remain on the streets, courtesy of the state laws.

Borrello, during his time on the floor, noted the maliciousness displayed in one of the many establishments that have been “terrorized” on Central Avenue, Fourth Street and in the Wright Park area during December and January. “He was literally dancing in front of a security camera as he broke bottles in a bar that he broke into,” Borrello said. “How do we address that in the new world of Raise the Age?”

Zayas, while lamenting the incidents, pinned blame on local policies and those who make the rulings. “Every judge has to exercise his or her own discretion on these cases,” he said. “Some judges might have decided on the third or fourth alleged commission of a crime that detention is appropriate. … It’s the county’s responsibility to create programs to which these young people are sent and monitor their progress in the program.”

Borrello, who served as Chautauqua County legislator and executive before serving as state senator, asked Zayas about more funding for troubled teens. “It’s very expensive for rural counties like ours,” he said.

Zayas responded, “Clearly there needs to be a new investment.”

Following Thursday’s hearing, Borrello issued a statement regarding the situation in the city to the OBSERVER: “After spending 10 years in county government, I understand the huge cost to our counties for the juvenile detention centers that are mandated under the Raise the Age law. But that should not stop our judges from doing whatever they can to take dangerous offenders off the streets. This particular repeat offender needs treatment and 24-hour supervision.”

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