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Nine arrested reported at Brantley Gilbert concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Brantley Gilbert concert at Darien Lake Performing Arts Center on Friday

Timothy S. Jankowiak, 36, of Chestnut Street, Franklinville, is charged with third-degree assault after allegedly striking another person and fracturing that person’s nose.

Justin P. Schmid, 19, of Fletcher Road, Akron, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Jacob W. Grier, 18, of Chestnut Street, Medina, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Jamison A. Mandile, 30, of West Elm Street, East Rochester, is charged with second-degree harassment after allegedly punching a security officer in the face with a closed fist.

Jordan M. Bucci, 20, of County Route 26, Parish, is charged with is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

A 17-year-old, of Derby Road, Derby, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Justine Daniels, 24, of McKinstry Street, Albion, is charged with third-degree assault after allegedly striking another person and causing loss of consciousness.

Evan D. Magierski, 26, of Prospect Street, Forrestville, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

James E. Mussaw Jr., 31, of State Road, Webster, is charged with third-degree criminal trespass after allegedly entering the back stage area and then entering the stage.

Structure fire reported at 16 Bank St., Batavia

By Howard B. Owens

There is a report of smoking coming out around the chimney at 16 Bank St., Batavia.

Maintenance crews tried putting it out but were unsuccessful.

City fire dispatched.

UPDATE 10:25 a.m.: Fire is out. Overhauling now.

UPDATE 10:41 a.m.: Code enforcement requested to the scene.

UPDATE 10:42 a.m.: First Platoon requested to headquarters.

Structure fire reported on West Main Street Road at Kelsey Road in abandoned building

By Howard B. Owens

A possible structure fire is reported in an abandoned white building on West Main Street Road at Kelsey Road, Batavia.

There is smoke coming from the roof and through a window.

East Pembroke fire and Town of Batavia fire dispatched.

The fire is going to a second alarm.

UPDATE 10:19 a.m.: It's a BBQ. Town of Batavia response canceled; second alarm canceled.

Pellegrino's thanks Batavia PD for service to the community with a free lunch

By Howard B. Owens

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I was in Guy Pellegrino's office late this afternoon and Guy and I even talked briefly about events in Dallas and he didn't mention this at all, but Batavia PD posted a thank you on their Facebook page: A thank you for a surprise lunch delivery to the police station from Pellegrino Auto Sales and City Church.

On the Pellegrino page, Pellegrino acknowledged the thank you and said, "Thank you Batavia Police Department for all you do!"

Police looking for driver of car believed to have left cats at Batavia MS

By Howard B. Owens

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Batavia PD is asking for the public's assistance in identifying the driver of this car.

The driver is suspected of leaving two cats in a cage in the parking lot of Batavia Middle School on June 18.

The police are investigating the incident as a possible animal cruelty case.

Two black and white cats were left there in the cage on a hot day with no food or water. 

If you have information to share, contact Officer Lindsay at (585) 345-6350

Accident with injuries reported at East Main and Liberty in the city

By Billie Owens

A motor-vehicle accident with injuries is reported at East Main and Liberty streets. City fire and Mercy medics are responding.

UPDATE 10:18 a.m.: A first responder says two cars were involved and two patients may have minor injuries and are being evaluated.

UPDATE 10:24 a.m.: The two drivers are signs-offs. Accident site cleanup underway.

Rollover accident reported in Bergen

By Howard B. Owens

A one-vehicle rollover accident is reported on South Lake Road, Bergen, just north of Creamery Road.

Unknown injuries.

Bergen fire and ambulance dispatched.

UPDATE 9:19 p.m.: Bergen back in service. No word on injuries, if any.

City's Washington Avenue sewer project moving along

By Billie Owens

Press release from the city's Department of Public Works:

The Washington Avenue sewer project will be moving operations beginning next week. The area between Bank Street and Ross Street has been installed and the contractor will be mobilizing to Jefferson Avenue next week.

Work will then progress north on Jefferson Avenue and easterly on Washington Avenue toward Bank Street.

Traffic will be restricted/closed at the north end of Jefferson Avenue and, eventually, on Washington Avenue between Jefferson Avenue and State Street. Motorists are advised to use other routes. 

Group of Cubans running massive credit card fraud ring had base in Batavia

By Howard B. Owens

tops_hamburg.jpg

mug_eduardohernandezcc.jpg
    Eduardo Quinones
joseluisvaldiviaquinones.jpg
    Jose Quinones
misealtoldeorioscc.jpg
    Misael Rios
yassercarrillochartrand.jpg
    Yasser Chartrand
claudiadiazdiazcc.jpg
    Claudia Diaz
yailysanturiocc.jpg
    Yaily Santurio
fernandopizarroalonsocc.jpg
    Fernando Pizarro
humbertomrochecc.jpg
    Humberto Roche

In January 2015, state and federal law enforcement raided a house at 3618 Batavia-Oakfield Townline Road, Batavia, and by appearances, it looked like a bust on a marijuana growing operation.

Agents at the scene that day declined to share information and a spokesperson for Homeland Security said that the fact that there were sealed indictments in the case prevented her from providing even a general overview of what investigators hoped to uncover.

It turns out, state and federal investigators weren't looking for marijuana -- though they had a pretty good idea they would find a pot-growing operation -- they were looking for evidence in a massive credit card fraud ring involving a group of Cuban nationals from Tampa, Fla., who set up shop in Batavia and Lockport.

Six of the seven defendants associated with the house have now entered guilty pleas in U.S. District Court, so we now have access to much of the details associated with the investigation that lasted for six months, starting in the fall of 2014.

There were two more people arrested and charged in Onondaga County who weren't charged federally.

It was likely a much larger operation, according to available information, but investigators concentrated their efforts on the individuals tied to the best, most solid evidence, said Ron Wilson, an investigator with the State Police in Batavia.

As many as 20 or 25 individuals could have been involved at various times during the criminal enterprise and the people arrested by federal authorities may not have been even the highest ranking in the organization, but according to the evidence uncovered, hundreds of people in Western New York were victims of credit card fraud at a price tag in the $1 million range.

It took several investigators, including Wilson, Investigator John DiPasquale with NYSP Lockport, Sean Needham with Homeland Security, and John Ferris with the U.S. Secret Service, six months to build the case against the individuals eventually arrested on federal charges. Early on Pat Welch with East Aurora PD brought another case to Wilson. Assistant U.S. Attorney Russell T. Ippolito Jr. prosecuted the case.

Wilson said he and DiPasquale dedicated as much as 50 hours a week on the case for six months, and Ferris and Needham also put in hundreds and hundreds of hours into the investigation.

It all started with a complaint routed to a trooper from a resident in Oakfield who had his debit card with him, but it had been used to make a purchase at a Tops Market in Hamburg.

The case made its way to Wilson and he secured a surveillance video that showed two subjects working together.

Wilson used law enforcement communication channels looking for help within the region (sharing the photo, among others, at the top of the story), but no IDs were forthcoming, so he published the photo on CrimeStoppers. Needham saw that post and called Wilson.

"I think I can identify one of your guys," he said.

Misael Toledo Rios was picked up for questioning, but Wilson quickly realized that Rios wasn't the man in the Tops video, but Rios, who had a prior record related to credit card fraud made some admissions that put him on the radar of investigators.

About this time, a Town of Batavia employee reported he was victimized as well, with his Discover card number being used for thousands of dollars of charges at chain retailers in Erie County, including the purchase of a full set of weight-lifting equipment from Dick's Sporting Goods later located in the Batavia house.

Meanwhile, Welch called Wilson and said he had a similar case he was handling and that the subjects in the Hamburg video matched a video he had that related to a fraudulent transaction in East Aurora.

Then DiPasquale called Wilson and said that Cornerstone Bank had just turned over information on 200 bank customers who had been victimized by credit-card cloning.

"At that point, we knew we had the same kind of investigation, but we didn’t know we had the same individuals," Wilson said.

The men decided to work together to find the criminals.

They started assembling the jigsaw puzzle.

The suspects, particularly the man in that first Hamburg Tops video, provided a stream of cued-up clues, showing up frequently on the cameras of Big Box stores and, once investigators could connect names with faces, in their own social media posts wearing the same outfits, sunglasses and rings that were clearly visible on them in surveillance videos. This match of fraudulent transactions and social media posts helped investigators link locations, purchases, times and dates.

For example, one of the women arrested usually posted from Tampa, Fla., where she apparently lives with her two children, but on the day of at least one fraudulent purchase, she posted a picture of herself with a geo-location of Oakfield, NY. There's also a picture of her where the Walmart in Batavia is obviously identifiable in the background.

"The investigation was arduous, to say the least," Wilson said. "Every day was something new with them."

The primary suspects were working out of the house in Batavia and a house in Lockport. In order to get a search warrant, investigators needed rock-solid evidence of potential crimes. It couldn't be just a hunch.

Wilson started collecting garbage from the Batavia residence, which is how he came to realize there was obviously a marijuana growing operation going on there.

Much of the case was built before the search. Ippolito wanted a solid case to prosecute. Crime scene photos had to show faces clearly, clothing had to match, times and locations had to match, so the investigators had to cross-reference every shred of evidence and only use the receipts, photos and social media postings that wrapped up each accusation in a tight bow.

That's why the final criminal charges covered only a bit less than $100,000 in fraudulent transactions, even though in the time frame of the credit-card cloning operation, the suspects probably conducted transactions worth as much as $1 million.

That's also why there was neither a state nor federal charge for the marijuana growing operation. Too many people had access to the house in Batavia that there simply wasn't enough evidence to tie any one or two people specifically to cultivating pot.

As investigators were moving in, the suspects started moving further afield, with transactions popping up further and further east.

Wilson said he was getting nervous that the suspects were getting ready to wrap up operations in WNY and head back to Florida.

Then, they got caught.

Police in DeWitt, which is in Onondaga County, received a complaint from a store of a fraudulent credit card transaction and the suspects were still in the store.

Two subjects were picked up and questioned. It became clear to investigators that there were other individuals involved. They figured out what hotel they were staying at and what vans they were driving. The District Attorney got involved. Search warrants were obtained.

What investigators found were hundreds of credit card blanks, the hardware and software to make credit cards and evidence of prior purchases.

All six were arrested and charged in Onondaga County and the evidence obtained by investigators there helped seal the deal on search warrants for Batavia and Lockport.

"They did an amazing job in DeWitt," Wilson said.

While the U.S. District Attorney's Office has released information in the federal indictments and guilty pleas in the case, the scope of the case and its ties to Batavia, Lockport and DeWitt were not discussed openly pending convictions of five of the suspects.

Investigators believe members of the ring acquired the card numbers through two common methods: placing a scanner over the top of a card reader on a gas pump, allowing the card numbers and information to be read and stored in memory for later collection, and by purchasing numbers from hacker websites (often referred to as the "dark web").

As part of the surveillance during the investigation, one member of the group was observed placing a reader on a pump at a gas station in Oakfield. A week later, he retrieved it.

The dark websites allow credit-card cloners to search for high-limit cards within a certain geographic location. For the Cuban ring operating in Western New York, a card belonging to a resident in Oakfield or Batavia, for example, wouldn't raise suspicions for the bank or credit card company if used in Rochester or Buffalo, where a card issued to a resident in Nevada or California might. This would allow the scammers to get more use out of the card before it was shut off.

The ring members purchased merchandise, such as sunglasses, clothing and jewelry and gift cards and gasoline for later resale.

One member of the ring owned a Ford F-250 pickup with a plastic fuel tank that could hold 300 to 400 gallons of gas in the bed that had a hose and pump nozzle attached. At the time, gas was selling for about $4 per gallon, so a member of the ring would fill up the plastic tank and sell the gas for $2 or $2.50 a gallon, and since the initial purchase was with a stolen credit card, the proceeds were pure profit.

A seventh suspect is in custody and awaiting extradition from Costa Rica.

Below are the names and information on the people identified in the cases:

  • Jose Valdivia Quinones, 41, Cuban National from Tampa, convicted of bank fraud, was sentenced to 10 months in prison and required to pay $1,642.51 in restitution. He was known to investigators as "JVQ" and was one of the men captured in the surveillance video at Tops in Hamburg. He as also among the six indicted in Onondaga County (Town of DeWitt).
  • Eduardo Hernandez Quinones (Hernandez), 46, Cuban National and former resident of Miami, was convicted of conspiracy to commit bank fraud and was sentenced to 31 months in prison. He was ordered to pay $13,785.29 in restitution. He was also arrested in DeWitt.
  • Misael Toledo Rios, 46, a Cuban National and former resident of Miami, was convicted of conspiracy to commit bank fraud and was sentenced to 31 months in prison. He was ordered to pay $13,785.29 in restitution.
  • Yasser Carrillo Chartrand, 24, a Cuban National, entered a guilty plea to conspiracy to commit wire fraud in U.S. District Court. He's scheduled to be sentenced in September. He was also arrested in DeWitt.
  • Claudia Diaz Diaz, 22, a Cuban National, was convicted of conspiracy to commit bank fraud and sentenced to time served and three years probation. Diaz was convicted of using the credit cards (79 different accounts), but not tied to the operation to obtain numbers and make cards. She was also among the six arrested in DeWitt.
  • Yaily Santurio Milian, 32, Cuban National, was convicted of conspiracy to commit bank fraud. She was scheduled to be sentenced in May, but we don't have information on her sentencing. She was also arrested in DeWitt.
  • Fernando Pizarro, 38, of Miami Gardens, Fla., and Humberto Roche, who is homeless, were also arrested in DeWitt, but not charged federally.

yally_fb.jpg

bluejacket_cubencards.jpg

These two photos show one of the suspects wearing the same blue jacket in social media posts that she was seen wearing at a time and place where she used a cloned credit card.

File photo: An officer removing a marijuana plant from the house at 3618 Batavia-Oakfield Townline Road, Batavia, which served as a base of operation for members of the credit card cloning ring operating in Western New York.

Law and Order: Scottsburg woman charged with providing investigators a false written statement about alleged sexual assault

By Billie Owens

Mary Frances Cronin, 20, of Sheppard Road, Scottsburg, is charged with false written statement. She was arrested for making a punishment false written statement at 4:30 p.m. on July 2. At that time, she provided a signed supporting deposition at the Genesee County Sheriff's Office on Park Road in Batavia, which allegedly contained several "non-truths" in relation to an investigation into an alleged sexual assault. Cronin was issued an appearance ticket and is to appear in Batavia Town Court on July 25. The case was handled by Sheriff's Deputy Chad Minuto.

STOP-DWI Night at the Ballpark is July 15, with fireworks, chance to win a bike, and more

By Billie Owens

From left, Bill Sheron, Genesee County undersheriff; Matt Landers, STOP-DWI coordinator; Jocelyn Sikorski, STOP-DWI board chair; and John Roche, owner of Adam Miller Toy and Bicycle.

(Submitted photo and press release.)

Come on down to the Batavia Muckdogs game and enjoy a safe summer night with us! STOP-DWI Night at the Ballpark is happening on Friday, July 15, gates opening at 6 p.m. The Batavia Muckdogs will play the Aberdeen Ironbirds.

NYS STOP-DWI, Genesee County STOP-DWI and the Genesee County Youth Bureau are sponsoring this evening. There are giveaways for the first 500 who enter the gate, and several interactive booths for families and children to visit including: Sheriff’s K-9 Officer, City Police, Le Roy Police, Probation and the STOP-DWI display.

A grand prize giveaway, a youth bike, sponsored by Adam Miller Toy and Bicycle, will be on display and a winning ticket drawn that evening. So join us for a great night at the ballpark and the Friday night fireworks!

Honoring the sacrifice of a fallen hero

By Julia Ferrini

lenoard_fuller.jpg

(Photo submitted by Donna Bonning.)

On this date in 1944, 1st Lt. Leonard B. Fuller’s P-51 Mustang was hit by flack in Blankenhain, Germany. The exploding shells shot from the ground forced Fuller to bail out of his aircraft. During his descent, his parachute collapsed when he appeared to be trying to avoid some trees and a barn. Subsequently, he fell to his death and was buried in the Old Cemetery in Blankenhain. 

In 1949 the pilot’s parents, Buell and Clara Fuller, traveled through the Iron Curtain (via Russia) to visit his gravesite and sprinkled dirt from the family farm on his grave – taking small comfort in the fact that he was resting in at least some American soil.

At 1:30 p.m. Sunday, an Honor Guard ceremony will be held for the first lieutenant at West Middlebury Cemetery, 4949 W. Middlebury Road, East Bethany.

On Friday, a similar ceremony will be held in Blankenhain. 

In April 2015, Bernd Schmidt, a historian from Weimer, Germany, contacted Donna Bonning and told her he was very interested in the Fuller family and asked if she had any information on them. Bonning was working on a project for the Sons of the American Revolution when she posted a photo of Fuller’s tombstone on the Findagrave website in 2006. Schmidt had seen the photo and contacted her. Through several exchanges of emails and after finding a treasure of letters, photos documents, and a few artifacts, the puzzle pieces of the last day of a local veteran began to form a picture.

From an initial email from Schmidt:

We generations after World War II (I was born in 1949) have another view (of the war) and (would) like to change the minds about enemies. 

We like to remember for all victims of the stupid war. Finally, all Germans were happy that the Allied (Forces) finished it (the war) in 1945. Our town and area (was) surrendered peaceful(ly) without shots (fired).

I (have) know(n) about Leonard Fuller a long time. Friends told me about the U.S. pilot who was killed in 1944. But it was an accident with parachuting. (Some Allied (soldiers) were killed from Nazi officials. Terrible and again(st) Geneva (Convention).

The parents of Leonard came to East Germany in the Russian Zone to look for the grave of their son. Really, they found it in a good condition. Kind people were watching for it. I think, later Leonard was reburied to bring to the States or on a Military Cemetery...

In September 1950, Fuller’s remains were sent home to Linden.

Recently, Schmidt let the family know that the citizens of Blankenhain would like to hold a remembrance ceremony at the Old Cemetery where Fuller’s former grave was located. According to Bonning, it appears that Fuller and his parents are “local legends in a way and an early part of Blankenhain’s post-war history when it was plunged into the horrors of Communism.”

At the ceremony July 10 in Middlebury, Assemblyman Steve Hawley will be in attendance. Additionally, Genesee County Historian Michael Eula, Ph.D., and Professor Garth Swanson will make a few remarks. Sarah Thorton will also read a speech by Schmidt.

After the ceremony there is going to be a large display at West Middlebury Baptist Church located across the road, which will include many of the photos, letters and artifacts belonging to the Fuller family. It tells the story of his life and sacrifice, and that of his family.

Batavia bested by Geneva in competition for $10 million prize

By Howard B. Owens

The City of Batavia lost out to the City of Geneva in the regional competition for $10 million in grant money to assist with downtown redevelopment.

Here's what the governor's office said about Geneva:

Over the last decade, Geneva has emerged as a major employment center, boasting over 200 firms and nearly 1,500 jobs in the central business district alone. Geneva’s historic walkable downtown is poised to become a vibrant retail, dining, cultural and entertainment destination for the burgeoning workforce and for students at the three local colleges. Under the DRI, the City will focus on the rehabilitation of key buildings; diversification of housing and retail options; access to healthy food; and building entrepreneurship in the downtown area.

St. Joe's held annual prayer service, awarded 14 scholarships

By Billie Owens

Submitted photo and press release:

St. Joseph Catholic School finished the school year with their annual prayer service at Resurrection Parish followed by an awards ceremony recognizing students for their accomplishments throughout the year.

In addition to the many awards handed out that morning, scholarships were presented to the following students as well:

  • The Michael Napoleone Scholarship -- Michael Cianfrini and Connor Dwyer;
  • The Good Shepherd Scholarship -- Veronica Bochicchio and Nathanael Brew;
  • The Msgr. Kirby Knights of Columbus Council 325 Scholarship -- Kaiden Campopiano, Teresa Compton, Matthew Compton, Jekora Anderson, Randall Laska, Maria Prattico and Justice Yourkowski;
  • The Msgr. Zupa Scholarship -- Hope Miceli;
  • The Patrick Suozzi Memorial Scholarship -- Sarah Lumberg;
  • The Mercedes Mahoney Mancuso Scholarship -- Kaylie Kratz.

Thank you to these generous donors for their continued support!

LOCATION CHANGE: 12th Annual Taste of Stafford is Thursday, July 14, will feature famous Red Osier beef sandwiches

By Billie Owens
Press release:
 
The Stafford Historical Society will be holding its 12th Annual Taste of Stafford event from 5 to 8 p.m. on Thursday, July 14th, at Ilette Park, located at the corner of routes 5 and 237. 
 
THE LOCATION IS CHANGED TO STAFFORD VOLUNTEER FIRE DEPARTMENT'S HALL ON ROUTE 5.
 
This fundraiser benefits the Stafford Museum of History and the Stafford Historical Society.
 
Featured will be: the famous Red Osier roast beef sandwiches; pizza from Shell's Post; sundaes from Dave's Ice Cream; beverages, pies & desserts from organizations and churches.
 
Included will be the Dairy Princess Court and a Theme Basket Auction. Music will be supplied by Mark Time Marchers: A Brass Marching Band.
 
The Society is featuring the New Veterans Monument Project "For All Who Served." It is their desire to errect a monument in Ilette Park, honoring veterans from World War II to present. The museum will be open and we will have a display regarding the "Wars of the 20th Century."
 
Bring your own comfortable chairs. Parking is free.

Local tourism boost: Two prominent car clubs to visit here starting Sunday

By Billie Owens

Press release from the Genesee County Chamber of Commerce:

Two prominent automobile clubs will be visiting the Batavia-area beginning Sunday, July 10th.

The 1965-66 Full-Size Chevrolet Club will use Batavia as a base of operations for five days. The Early Ford V-8 Club of America will embark on a five-day driving tour that will begin and end in Batavia. In total, more than 200 people will be coming to the area.

The 2016 International Meet for the 1965-66 Full-Size Chevrolet Club will take place at the Quality Inn in Batavia on from Sunday, July 10 to Friday, July 15. The group is celebrating the 50th anniversary of the 1966 Impala.

While here, the group will tour Oliver’s Candies in the City of Batavia (afternoon of July 11) and Kutter's Cheese Factory in Corfu (morning of July 15) and the JELL-O Museum in Le Roy (morning of July 11). The club will also have a show day at Ken Barrett Chevrolet on West Main Street, Batavia, on the morning of July 13.

The Chevrolet club will also be cruising to Letchworth State Park in Wyoming County, touring the Chevy plant in Tonawanda, visiting the Carousel Museum, getting an exclusive tour of the Pierce Arrow Museum, and visiting the Erie Basin & Waterfront Naval Park.

The club was founded in 1983 and has more than 100 members. Members have been successfully working with manufacturers to make hard-to-find parts available again and assist in restoration of the vehicles.

From July 10 to July 15, the Western New York Regional Group #3 of the Early Ford V-8 Club of America will celebrate its 50th anniversary on a five-day National Driving Tour around the Finger Lakes.

On Sunday, July 10, the group will be hosting an opening party at the Quality Inn in Batavia. The following morning they will depart for a tour of Olean, Corning, Binghamton and Liverpool. The group will return to Batavia on Friday, July 15, for a farewell dinner.

The Western Regional Group of the Early Ford V-8 Club of America is centered in Rochester. It features all Ford products produced from 1932-1953 and are the second-oldest active regional group in the world. They have 85 active members.

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