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Bicycle safety program offered at city parks on Wednesdays this summer

By Billie Owens

Press release:

Batavia Police along with the Batavia Fire Department and the Batavia Lions Club are presenting a bicycle safety program to the City of Batavia Parks programs.

Each Wednesday during the summer the police and fire departments will be visiting a park in the City of Batavia where the Batavia Youth Bureau hosts children recreation programs. Remaining dates are: July 13, 20, 27 and Aug. 3.

Officers will instruct the children on the proper rules of the road for riding a bike and then supervise them through a simulated road course. The fire department inspects bikes and advises the children on the proper care of their bikes.

Along with training, helmets are offered to children who register their bikes or are in need of a helmet. The bike helmets are provided by a grant from the Batavia Lions Club as well as a NYS Grant received by the Batavia Fire Department. The Helmets were purchased by Adam Miller Toy and Bicycle, of Batavia, at a reduced rate. Adam Miller Toy and Bicycle has also donated its time to help fit children’s helmets for this program.

To find out times and specific parks and dates call the Batavia Youth Bureau at 345-6421.

REMINDER: Basketball Camp at BHS July 18-22 for boys & girls in grades 3-8

By Billie Owens

Press release:

A 2016 Summer Basketball Camp will be held July 18-22 in the Batavia High School Auxiliary Gym. 

It will be held from 9 a.m. to noon Monday-Friday.

The camp is open to boys and girls entering grades 3-8 in the fall. Cost of the camp is $65 and includes a camp T-shirt. Participants are asked to bring their own basketball every day and have their name on it.

The camp will feature Coach Jim Fazio, Batavia Jr. Blue Devil Youth Director, coaching intern Antwain Richardson, youth coaches, and current and former Blue Devil players.

Camp benefits: The camp will focus on the offensive fundamentals of the game including shooting, passing, dribbling, and ball handling, with a major emphasis on shooting. Sportsmanship, fair play, and safety will be emphasized all week. There will be daily contests with full and half court games.

Batavia City Schools are not responsible for injury that may happen during camp. Please enter and exit the high school in the front circle.

Contact info: jfazio@gvboces.org    585-356-0901

Make checks payable to: Batavia Boys Basketball Boosters.

Mail to: Jim Fazio 5190 Ellicott Street Road, Batavia, NY 14020.

Also, provide this information:

  • Name
  • Address
  • Town
  • Age
  • Grade entering in Fall
  • School
  • Phone #
  • Medical concerns
  • T-shirt size (Youth S-XL; Adult S-XL)
  • Parent/Guardian signature

Pringle Avenue will be closed Tuesday for paving

By Billie Owens

City Bureau of Maintenance press release:

Pringle Avenue will be closed on Tuesday, July 12, between 7 a.m. and 5 p.m. for paving operations. Residents and businesses are not to park on the roadway during paving operations. Please park on neighboring side streets until work is completed.

This street will be closed to all through traffic. Residents and businesses of this street will have limited access to their properties and should expect delays when paving operations are ongoing. If work is postponed by weather, work will be rescheduled for the next calendar work day.

All other traffic is asked to avoid this area and seek alternative routes.

DeWitt Recreation Area main gates closed today and Tuesday due to construction project

By Billie Owens

Press release:

Genesee County Department of Parks, Recreation & Forestry will be closing the DeWitt Recreation Area (DeWitt Park) Main Gate all day on Monday, July 11, 2016 and Tuesday, July 12, due to major construction within the park. Pavilion reservations will not be taken for either of the two days.

The main roadway inside the park will not be accessible due to sewer and waterline installations on those days. The walking track in the center of the lawn area will not be available either. Construction vehicles will only be allowed access through the main gate.

The South Entrance parking lot will be available for vehicles to park. Pedestrian access from the South parking lot will be limited to various areas within the park throughout the week due to the construction. The playground will still be accessible throughout the entire construction period.

Construction is anticipated to last the entire week.

For further information, please contact the Parks office at (585) 344-8508 or the Parks Supervisor at posborn@co.genesee.ny.us

Local war hero remembered in a ceremony in Middlebury Cemetery

By Julia Ferrini

On July 4, 1944, 1st Lt. Leonard B. Fuller had written in a letter home: 

Well anyway, as I set here looking at these pictures it sure brings back some swell memories of all the hell raising and work I have done around home there. The picture of Doug by the garage there is o.k.! I sure would like to have my picture taken in that same spot.

It was evident in Leonard Fuller’s letters that he was very homesick, as he wrote about it often. His father would send him pictures of the farm, complete with captions. The photo he was referring to was of his young nephew Dougie Fuller.

On July 7, 1944, his P-51 Mustang was hit by flak over 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.

On Sunday afternoon, under an azure sky dotted with large white, fluffy clouds, friends and family gathered at the West Middlebury Cemetery on Koppe Road, East Bethany, to honor Fuller. Just two days prior, a similar event took place in Weimer, Germany. 

Citizens from two different countries, divided by war more than 70 years ago, united to pay their final respects to an American soldier.

Around April 2015, Bernd Schmidt, a historian from Weimer, contacted Donna Bonning. Bonning, who had been working on a project for the Sons of the American Revolution, posted a photo of Fuller’s tombstone on the Findagrave website in 2006. Come to find out, Schmidt had seen the photo she had posted and emailed her. Through several exchanges of emails and after finding a treasure of letters, photos documents, and a few artifacts in Wayne Fuller’s attic, a nephew of Leonard’s, the puzzle pieces of the last days of a local veteran began to form a picture.

“I enjoy photographing tombstones and sharing the photos with others,” Bonning said. “Once in awhile I have come across stones that cause me to stop and take a second look. Leonard's stone was one of those. But my thoughts didn't drift very far beyond those engraved letters and beautiful wings. I never really stopped to think about what he was like as a person. What his life was like. Who his family was. What was the meaning behind those words...Forever Honored. Forever Mourned. 

“I found out what that meant the day I laid eyes on the Missing in Action and Killed in Action telegrams that Wayne told me about. I 'met' Leonard on the day we opened up a box from the attic and saw the black and white photo of him in his dress uniform.”

Leonard apparently had quite a sense of humor as well.

Dec. 20, 1942

Well, I just got my picture in the noon mail so when I get to the post office to get some airmail stamps I will send it home. Get a load of General McArthur in the ruff.

Jan. 1, 1943

I got a letter from Betty yesterday and she said that she received my picture. From what she said about it, I think I better get up there and take care of things. Me, I like to have people tell me nice things like that to my face. I suppose I will have to put up with it because I realize that I am quite naturally good looking. Well, why shouldn't I be good looking? Look at my mom and pop. I should get at least a quarter for that remark.

Not only did Leonard miss his home and family, he was also a very patriotic man. On May 28, 1944 he wrote:

Say, you know I wish a lot of people in the States could see some of these forces that go over into Germany day after day. Boy, it really gives me a thrill to know that I am fighting with an outfit like we have over here. When you can see a thousand bombers in the air along with as many fighters, it really gives a guy the idea that there are others around that are over there for the same reason. Every time I go over there I thank my lucky stars that I am an American all the way around. 

In a witness statement from Air Corps Capt. Leslie D. Minchen of the 357 Fighter Squadron, 355 Fighter Group, Station F-122 dated July 7, 1944, Minchen wrote:

I was leading Custard Squadron when we attacked fifty plus Me 410’s. Lt. Fuller was flying number three in my flight. The F/A led us over a town where we got heavy accurate flak at about 7,000 feet. Capt. Haviland, who was flying my wing saw him jettison his canopy, but did not see him get out. Lt. Fuller called me on the radio and said he was getting out. I answered his call and he said he was okay. I did not see him bail out. Air Corps Capt. Leslie D. Minchen.

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.

An excerpt from an article written in the Farm Journal, May 1951, recounts the visit of Buell and Clara and a description of the events which lead to the first lieutenant’s demise:

The cemetery comes into view...The caretaker’s cottage is only a few feet from their son’s grave. Ten “foreign” solders are buried in the little plot: French, Italian and one American – Leonard B. Fuller. 

A wooden framework encloses the Fuller grave, within which a fine-leaved boarder of green, carefully trimmed, sets off a bed of marigolds. Grouped around the white cross are delicate waxen blossoms of tuberous begonias...

...The villagers watched the two planes fighting to a finish. Suddenly the American plane was hit, and from it parachuted the pilot. He seemed to be maneuvering to avoid a clump of trees and a barn, to land in a cleared filed beyond. About 200 feel from the ground, the ‘chute suddenly collapsed and crashed to earth. They rushed to help him, but he had died instantly...

“The passage of time doesn’t make these things easier,” said Genesee County Historian Michael Eula, Ph.D. “His life resonated with me on several levels. I saw, in photos, a man shouldering responsibilities a young man should never have. They rose to meet the challenge of war.

“The conflict was not to be seen as what it was against, but what it was for...Freedom to enjoy liberties...The war was about a daily reality of what one was sure of and familiar: To return home for a meal, their girl, family, and friends. The ultimate tribute would be that maybe someday, the sacrifice of those like Fuller’s would be to avoid the sacrifice of so many of young people. May they never be forgotten.”

Leonard flew 40 missions in the P-51 Mustang and logged in 180 combat hours in a four-month time period.

According to Acepilots.com, North American Aviation originally designed the Mustang in response to a British (England) specification. The first prototype was started in April 1940 and was delivered to England for test flights by the end of 1941.

The first Mustangs were powered by the Allison V-1710 engine. While it was a good engine, it didn’t operate well at high altitudes. 

In April 1942, a British test pilot, Ronald Harker, while impressed with the plane, suggested that it would be a natural fit with the Rolls Royce Merlin 60-series engine – well-suited to high altitudes. The first Merlin-equipped Mustang, the P-51B, flew in November 1942. At 30,000 feet, the plane reached 440 mph, almost 100 mph faster than the Allison-equipped Mustang at that altitude. 

As it worked out, Craig Wadsworth, of the Geneseo War Planes Museum, was instrumental in having not one, but three P-51s do a “flyover” during the memorial ceremony.

“When I spoke with the pilot for Quick Silver at the airshow, Scott 'Scooter' Yoak, said he was going to bring along a few friends,” Bonning said. “Could it be any more amazing than that? In spirit I think of Leonard and two of his fighter pilot friends. One being Francis Eshelman who took the very last picture of Leonard’s P-51 – named MYRT II; and the other being Joe Engelbreit, who wrote a letter home to Leonard’s parent’s a month after his plane was lost. He still had no idea that Leonard was declared KIA (killed in action).

“When I see the one (photo) of Joe I imagine that he is looking to the sky and thinking of his friend and hoping his friend makes it back okay. They all flew in the same missions together.”

In a letter dated July 8, 1944, Air Corps Capt. W. H. Rush sent a “Missing Aircrew Report” to Commanding Officer, 355th Fighter Group, AAF Station F-122, APO No. 637. It stated in part: 

On July 7, 1944, at 0635 hours, Lt. Fuller piloting aircraft OS-E, took off from this field on an operational mission with the 357th Fighter Squadron. His call sign was Custard 82... This office had no radio contact with Lt. Fuller during the flight.

When Lt. Fuller failed to return to this base with the 357th Fighter Squadron, this office immediately notified combat operations.

Every effort was made to contact Lt. Fuller...

Leonard was born in May 1921 in Linden. He attended Linden grade school, graduated from Batavia High School in 1939, and belonged to the Bethany Grange. He enlisted in Air Corps on Oct. 20, 1942 in Buffalo. He trained in San Antonio, Uvalde, San Angelo and Mission, all in Texas.

On Oct. 1, 1943 he was commissioned second lieutenant. On Feb. 29, 1944 he sailed for England and was based at Steeple-Morden Field with the 8th Air Force 357 Squadron, 355 Group, 65 Wing Fighter. 

At the time of his death, he was credited with destroying seven-and-one-half planes and was awarded the Distinguished Flying Cross, Air Medal with three Oak Leaf Clusters, and the Purple Heart.

In September 1950, his remains were brought to the United States and buried in the family lot in West Middlebury Cemetery. 

Although Wayne didn’t know his uncle, the loss of the man hit him at the laying of the wreath, and noted, with a slight twinkle in his eye, that part of his plane is buried with him.

In a recent email sent to Bonning, Schmidt wrote:

After 72 years we in Germany also wish to think of the victims of this war because we have these so-called enemies to THANK for our freedom and the ending of the war.

The old and young inhabitants of Blankenhain where Leonard crashed on July 7, 1944 and where he was buried for some years are very interested in information about Leonard. After all, the crash in their town is also a part of their history. And hatred and being enemies are long forgotten.

This past week…on July 8th, residents and guests of Blankenhain held a ceremony of remembrance for American Airman Leonard Fuller at the Old Cemetery in Blankenhain where he was buried for six years. Up until recently he was almost forgotten and unknown. However he now has a name again; we know his story and the suffering of his parents. Leonard is also not forgotten in Germany.

See related: Honoring the sacrifice of a fallen hero

Editor's note: The above two photos were submitted by Donna Bonning.

Law and Order: Trio arrested after Summit Street scuffle, man allegedly flashes knife during kerfuffle on Thorpe

By Billie Owens

Roger J. Grazioplene, 41, of Summit Street, Batavia, is charged with second-degree harassment. He was arrested on July 5 following an investigation into an incident which occurred at 4:29 p.m. on June 24 on Summit Street wherein he allegedly flicked a cigarette at another person and the cigarette struck the person in the neck during an argument. He was issued an appearance ticket and is due in City Court on July 19. The case was handled by Batavia Police Officer Arick Perkins.

Martha I. Grazioplene, 40, of Summit Street, Batavia, is charged with second-degree harassment. She was arrested on July 5 following an investigation into an incident which occurred at 4:29 p.m. on June 24 on Summit Street wherein Grazioplene allegedly subjected another person to unwanted physical contact by grabbing and pulling on the person's arm during an argument. She was issued an appearance ticket and is due in City Court on July 19. The case was handled by Batavia Police Officer Arick Perkins.

Samuel R. Giglia, 25, of Ledge Lane, Williamsville, is charged with second-degree harassment. He was arrested on July 5 following an investigation into an incident which occurred at 4:29 p.m. on June 24 on Summit Street wherein Giglia allegedly pushed a female during an argument with the female and her husband. He was issued an appearance ticket and is due in City Court on July 12. The case was handled by Batavia Police Officer Arick Perkins.

Steven James Scott, 25, of Thorpe Street, Batavia, is charged with second-degree menacing. He was arrested on Watson Street following an investigation into a reported disturbance on Thorpe Street at 11:38 p.m. on July 8. It is alleged that Scott displayed a knife during the incident. He was jailed in lieu of an unspecified amount of bail and is due in City Court at a later date. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Matthew Lutey.

Jose Gomez-Chavez, 43, of Oak Orchard Road, Elba, is charged with: second-degree burglary -- illegal entry into dwelling; first-degree criminal contempt -- violation of order of protection; and fourth-degree criminal mischief -- intent to damage property. At 12:10 a.m. on July 10, Gomez-Chavez allegedly broke into the residence of a person for whom there was an order of protection. During the course of breaking into the residence, a window was allegedly damaged. Gomez-Chavez was put in jail and bail was set at $25,000 cash or $50,000 bond. He is due in Town of Elba Court on July 13. The case was handled by Sheriff's Deputy James Diehl, assisted by Deputy Chad Cummings. UPDATE (by Howard Owens): We have a little more information on this case. Deputy Chris Erion was just clearing a concert detail at Darien Lake at 1 a.m. when this call came in. He responded with his K-9 "Destro." Destro picked up the track and began to follow it for about a half-mile into several fields, a large storage building, across a road and into a thick, brushy hedgerow and a bed of poison ivy.  Destro located the subject. In the midst of the search, Erion lost his cell phone. Destro located that, too, the next day, in the middle of a field.

Alex P. Wells, 27, of Pembroke, was arrested on July 8 on Route on 33 in the Town of Pembroke after being stopped for speeding -- going 70 in a 55-mph zone. SP Batavia Trooper Eric Daigler stopped Wells at about 11:45 p.m. and the vehicle Wells was driving struck a mailbox as it was pulling over. Wells was allegedly found to be intoxicated, with a BAC of .23 percent. He was issued tickets for aggravated DWI and speeding and is to appear in Town of Pembroke Court at a later date to answer the charges.

Dylan Nathan Willett, 22, of Murphy Road, Gainesville, is charged with driving while intoxicated and aggravated driving while intoxicated for allegedly having a BAC of .18 percent or more at the time. Willett was arrested following a traffic stop on Sumner Road in the Town of Darien at 11:49 p.m. on July 8. He was allegedly found to have a BAC more than two tines the legal limit and was arrested. He is due in Town of Darien Court on July 19. The case was handled by Sheriff's Deputy Patrick Reeves, assisted by Deputy Kevin Forsyth.

Lindsay Patricia Kenyon, 21, of Christ Road, Warsaw, is charged with second-degree obstructing governmental administration and resisting arrest. She was arrested at 11:51 a.m. on July 8 following an incident on Sumner Road in Darien wherein she allegedly became verbally and physically offensive toward a deputy while a friend was being investigated for a possible DWI violation. Kenyon allegedly refused to cooperate and physically obstructed the deputy during her friend's subsequent arrest, thus she was also arrested. Kenyon allegedly continued to be verbally abusive and physically resisted arrest and had to be subdued to avoid injuries. She is due in Darien Town Court on July 19. The case was handled by Deputy Patrick Reeves, assisted by Deputy Kevin Forsyth.

Martha L. Munson, 63, of River Street, Batavia, is charged with moving from lane unsafely and driving while intoxicated. Munson was westbound on West Main Street in Batavia at 4:11 p.m. on July 2 when she was allegedly observed swerving into the passing lane twice, both times without a signal or other indication she was about to make a lane change. She subsequently submitted to a blood draw to determine her BAC and those results are pending. Additional charges may be forthcoming. She was released on an appearance ticket and in due in City Court on July 20. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Stephen Cronmiller.

Martin Fitzgerald Jones Sr., 45, of Mill Street, Batavia, is charged with petit larceny. He was arrested at 8:57 p.m. on July 9 after allegedly stealing a bicycle out of a yard on Pringle Avenue in the city. He was jailed in lieu of $10,000 bail or $20,000 bond. He is due in City Court today to answer the charge. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Arick Perkins. Following his arrest on the petit larceny charge, Jones was charged with promoting prison contraband in the second degree. Jones allegedly introduced contraband into the Genesee County Jail at 10:35 p.m. on July 9. He is due in City Court on July 27 to answer that charge. The contraband case was handled by Sheriff's Deputy Robert Henning, assisted by Deputy Christopher Parker.

Lenard Tyshon Jones, 23, of Lux Street, Rochester, is charged with: unlawful possession of marijuana; second-degree aggravated unlicensed operation; unlicensed operator; speeding over 55 mph; and driver's view obstructed. Jones was stopped at 6:54 p.m. on July 2 on Route 77 in Pembroke for allegedly speeding. An investigation revealed that the defendant was allegedly unlicensed to drive, was driving on a suspended license and in possession of marijuana. The case was handled by Sheriff's Deputy Kevin McCarthy.

Sergio A. Forte Jr., 44, of Myrtle Street, Le Roy, was arrested on July 3 by the LeRoy Police Department and charged with unauthorized use of a vehicle in the second degree, a Class E felony. Forte allegedly operated a motor vehicle not belonging to him, knowing that he did not have consent from the owner to operate such vehicle. Forte was charged accordingly due to a prior conviction of unauthorized use of a vehicle within the preceding 10 years. Forte was arraigned and put in Genesee County Jail in lieu of $1,000 cash bail or $2,500 bond. Forte is to return to the Town of Le Roy Court on Sept. 6.

Maranda L. Isabell, 19, of South Main Street Road, Batavia, is charged with speeding and unlawful possession of marijuana. Isabell was arrested at 4:02 p.m. on July 6 following a traffic stop on South Main Street in the city for speeding. At that time, she was allegedly found to be in possession of marijuana. She was issued appearance tickets and is due in City Court July 19. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Sgt. Christopher Camp.

Thomas D. Demmer, 19, of Walden Estates, Batavia, is charged with trespass. He was arrested at 10:25 p.m. on July 8 on South Lyon Street in Batavia after he was allegedly observed inside another person's vehicle. He led police on a brief foot chase before being taken into custody. He was issued an appearance ticket and is due in City Court on July 26. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Arick Perkins.

Heather Elaine Schramm, 36, of Summit Street, Batavia, is charged with second-degree criminal contempt. At 6:02 p.m. on July 2, Batavia PD responded to an address on Ellsworth Avenue for the report of a custody issue. After an investigation, Schramm was arrested after she allegedly refused to obey a lawful court mandate. She is due in City Court on July 12. The case was handled by Batavia Police Officer Arick Perkins, assisted by Sgt. Dan Coffey.

Andrew James Aaron Morris, 19, of Main Street, Attica, is charged with petit larceny. He was arrested on July 8 following the investigation of a larceny at Walmart at 6:51 p.m. on June 27. Morris allegedly stole alcoholic beverages from the store. He was released on an appearance ticket and is due in Batavia Town Court on July 25. The case was handled by Sheriff's Deputy Kyle Krzemien.

Christopher James Parker, 27, of Morse Place, Batavia, is charged with unlawful possession of marijuana. Parker was arrested at 2:21 a.m. on July 9 on Clinton Street Road in Byron after vehicle and traffic violations were allegedly observed and the vehicle was searched. He was issued an appearance ticket for Town of Byron Court at a later date. The case was handled by Sheriff's Deputy Ryan DeLong.

Jessi M. Heale, 23, of Buffalo Road, Bergen, was arrested on July 3 by the Le Roy Police Department and charged with unlawful possession of marijuana, a violation. Heale was a passenger in a vehicle stopped by the Le Roy Police Department and was allegedly found to be in possession of marijuana. Heale was issued an appearance ticket and is scheduled to appear in the Le Roy Town Court on July 25 to answer to the charge.

A 16-year-old who lives on Hall Street in Batavia is charged with unlawful possession of marijuana. The teen matched the description of a subject who was entering vehicles around DeWitt Recreation Area. The teen was stopped on Harvester Avenue and allegedly found to be in possession of marijuana. The defendant is due in Batavia City Court on July 12. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Matthew Wojtaszczyk.

Field fire reported on East Main Street Road

By Howard B. Owens

A field fire is reported behind the former Gravel Pit on East Main Street Road, Town of Batavia.

The address is 5191 E. Main Street Road.

That's next property east of the Genesee Valley Ag Park.

Town of Batavia Fire Department responding.

UPDATE 10:02 p.m.: A resident on Haven Lane reported the possible fire. A chief is investigating.

UPDATE 10:03 p.m.: A responder reports, "the fire was visible from north Ag Park Road, leading into Cedar Street."

UPDATE 10:18 p.m.: The location is now given as 5056 E. Main Street Road, the Genesee County Fairgrounds. Stafford's tanker is requested to the scene, non-emergency.

Couple marries where they first met -- in Save-A-Lot

By Howard B. Owens

Tim and Sabrina Walton got married today in the same spot where they first met.

That would be in the produce section of the Save-A-Lot in Batavia.

Then, Tim was an assistant manager and Sabrina was a just-hired cashier.

“He just looked at me," Sabrina said of that first meeting. "He just gave me this look and not long after that he said he would marry me some day.”

Yes, Tim, said, he was smitten, but it was something more than that.

“I’d never seen anybody like her," Tim said. "It was just one of those feelings where you just know.” 

Judge Robert Balbick performed the ceremony.

The idea of getting married in the grocery store started out as a joke, Sabrina said, but Tim credits his father with promoting the idea that they should do a small, inexpensive service.

"He was the one who talked with us about doing something small and instead of spending thousands of dollars on a wedding, we could take that money and put that toward our family and still have it have meaning in what we did," Tim said.

Speaking a family, it's immediately a big one. Sabrina's four children are Dominick, 17, Cody, 14, Tyler, 12 and Emma, 11. Tim's two children are Caylin, 15, and Olivia, 11.

They recently moved into a six-bedroom house in the City of Batavia.

Sabrina now works at a local dental clinic and Tim is manager of the Save-A-Lot in Le Roy.

Tim said his bosses were gracious in the support of the idea.

Sabrina beamed and said, "We did it."

Collins warns against seeking simplistic answers to complex problems during lunch break at the Pok-A-Dot

By Howard B. Owens

Rep. Chris Collins was in town today for a meeting at the VFW and we caught up with him afterward at the Pok-A-Dot. Collins often stops at the Dot for breakfast, but hadn't tried the Dot's famous beef-on-weck before today*.

We asked Collins for his thoughts on the tragic events of the past week and what Congress might be able to do about events like these.

He said these are complex issues that, unfortunately, too many people want to politicize or try to solve with simplistic suggestions.

"If you’re going to talk about tragedies, the shootings, the murders, what we need to do is come together as a nation, address the root cause of our problems and hope people can come together," Collins said. "That doesn’t mean it's solved overnight, but that’s the direction we go, with a conversation together, identifying root causes, finding the solutions."

Collins, who is supporting Donald Trump for president, doesn't think the present administration is up to the task.

"The biggest problem we have is we have is a president who isn’t interested in that (finding common ground)," Collins said. "He politicizes every tragedy. He tries to make political points out of every tragedy, and in doing so he’s divided our country like it’s never been divided before."

Collins hopes the next administration will do better.

“The next president, whoever that is, has to bring our nation together," Collins said.

As for root causes, there are many, Collins said, such as mental health, terrorism and racism.

"Unfortunately, the country is just not working together," Collins said. "We’re finger pointing. We’re pointing fingers where maybe they don’t belong and very simplistically and very shamefully, suggesting simplistic insulting solutions as if that’s the solution when it’s not. This is tough stuff, whether it’s mental health, whether there are racial issues or not in that police department or not or this individual situation or another. It’s not simplistic, broad-brush stuff. It’s hard work."

CORRECTION: An aide says I'm wrong about the beef-on-weck. All three of us, he said, had a beef-on-weck together on the day of the primary election in 2012 and they've been "hooked" ever since. 

Photos: Local businessman Louis Andolora snaps a picture of Collins to add to his "Cyber Pok-A-Dot" page and then poses for a picture with the congressman.

Photos: Sixth Annual Jerry 'Rat' Cone Memorial Run

By Howard B. Owens

More than 100 riders came through Batavia today, with a police escort, as part of the sixth Annual Jerry “Rat” Cone Memorial Run to Benefit Crossroads House.

The ride took them down Main Street, with a turn down a driveway that brought them around the Crossroads House and back onto Liberty Street.

Sponsored post: The YMCA is hiring! Apply today!

By Lisa Ace

YMCA Help Wanted – The Genesee County YMCA is currently seeking dedicated part­-time employees in the following areas: 

Experienced Gymnastics Instructors: “Gymnastics Instructors” to teach progressive lessons for children ages 4 and up. Minimum age of 16, competitive pay and a free YMCA membership included. We are also seeking a “Gym Supervisor” to coordinate lessons, supervise instructors and oversee the gym. Minimum age of 18, competitive pay and a free YMCA membership included. For more information, contact Cady Hume, Gymnastics Coordinator. 

Welcome Center Staff (MSR): Essential Duties: Build relationships with members and guests, receipt transactions, answer phones, handle questions with excellent customer service. Part­-time, evenings and weekends necessary. Minimum age of 18, competitive pay and a free YMCA membership included. For more information, contact Josh Bender, Director of Membership and Wellness. 

Lifeguards: Essential Duties: Supervise swimmers, ensure safety, and monitor pool areas. Requires American Red Cross or YMCA Lifeguard certification. Minimum age of 18, competitive pay and a free YMCA membership included. For more information, contact Megan Boring, Aquatics Coordinator. 

To apply, complete an application from the Y’s website at www.glowymca.org and turn it into the YMCA. For more information contact 585­-344­-1664. 

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

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

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.

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

    Eduardo Quinones
    Jose Quinones
    Misael Rios
    Yasser Chartrand
    Claudia Diaz
    Yaily Santurio
    Fernando Pizarro
    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.

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.

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