'Time is of the essence': Victim advocacy groups react to lawsuit over Buffalo woman's murder

BUFFALO, N.Y. (WIVB) — The time in which law enforcement respond to domestic-related calls can sometimes mean the difference between life or death. That’s at the very core of a lawsuit, suing the City of Buffalo and its police department after a woman was murdered by her boyfriend days after texting 911, begging for help.

The urgency and importance of domestic-related calls, and believing the victims, are key-points that domestic violence advocacy groups wanted to drive home after News 4 Investigates reached out asking for reaction to what transpired leading up to Jena MacDiarmid’s murder.

“Hearing this story, and hearing the outcome, makes me even more concerned for the women who call us,” said Sheri Scavone, CEO of WNY Women’s Foundation, an advocacy group that focuses more on elevating women professionally and economically rather than directly providing domestic violence related resources.

However, when we reached out to Sheri, she agreed to weigh in, not only because of the importance of raising awareness to help victims, but also because her organization has been inundated with calls from women seeking help.

“I’ve called 911 for a case in my neighborhood and I listened to the guy kind of talk his way out of it,” Sheri said. “I know what I heard and I know what I saw. So often, the woman is not believed.”

When it comes to responding to domestic-related calls, Sheri stressed the importance of those calls being prioritized, and how vital it is that police believe the victims when they reach out for help.

“Believe them,” Sheri said. “Believe that there’s a sense of urgency. Believe what they’re going through and create a safe situation. Also, understand, as we do, that often, they can’t talk on the phone, or they can’t respond, or that they are in imminent danger, and that there is a sense of urgency, and that they need to be removed, there needs to be an actual removal if those threats and that violence has happened before.”

The abuse was ongoing in the months leading up to Jena MacDiarmid’s death, according to the lawsuit filed by her sister, Jamie Near. She alleges MacDiarmid’s boyfriend and murderer, Savon Stewart, had an open warrant the night Jena texted 911 for help. This raises questions as to why Stewart wasn’t taken into custody that night, and to what extent police made contact with him and MacDiarmid.

News 4 Investigates reached out to the City of Buffalo and Erie County who would not comment on the pending litigation.

How police respond, the time in which it takes them to respond, and whether or not they believe the victim, all factor in to whether or not they actually get help, according to Gabriela Zapata-Alma, associate director with the National Center on Domestic Violence, Trauma, and Mental Health.

“It just drives home how so many survivors just feel scared to reach out for any kind of help,” Zapata-Alma said. “Unfortunately, very often, when people reach out for help, the help just isn’t there, it doesn’t actually end up helping, and a lot of times when survivors reach out for help, they actually encounter more danger. We need to do our best to respond and, above all else, we need to believe survivors. Far too often, our systems that are meant to protect survivors end up re-traumatizing them, re-victimizing them, and so we need to believe and trust survivors.”

If you or a loved one is dealing with domestic violence, there are resources available. Erie County has a Domestic Violence Victim Program you can reach by calling (716) 858-4630 or by visiting erie.gov/besafe.