Stories from

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.

The journey for the old awning on the former Wiss Hotel to the Smokin' Eagle was a lot longer than a trip across the street and down the block. It involved a $1 auction purchase, some BOCES students, the chance discovering of a historic photo and a lost cat.

Once the decision was made to tear down the Wiss, the Eagle's co-owner, Jay Beaumont, asked Bob Lathan if the village could save the awning. Beaumont had some vague idea that he might want to install it somewhere on the Eagle building at some point.

Once saved, it was added to the Village's surplus property auction, and with no other buyers, Beaumont was able to purchase it for $1.

Then it sat in the DPW lot for eight months because the awning was in pretty bad shape and Beaumont had no real idea what to do with it or how to restore it. Then through a chance meeting with a BOCES official at his daughter's volleyball game, he found out there was a group of students at BOCES who would love to take on just such a restoration project.

Once those wheels were in motion, Beaumont began to wonder what words once appeared on the awning. There was blank spot for the sign, but no sign.

He called one of the building's former owners, Don Pangrazio, and he had no idea. The next day, Pangrazio saw a post on the website Le Roy Then and Now. It was of the Wiss in the 1930s and included the awning.

The sign read, "Tap Room."

Mystery solved.

And Beaumont acquired a copy of that photo. The photo now hangs on the wall of the Eagle, next to an enlargement of the portion of the hotel with the awning. 

When Beaumont got the enlargement back, he looked it over carefully just to see what he might see, and he saw a sign in the window that read "John Hepps."

About this time, Beaumont's cat went missing. He loves his cat and he was pretty upset. The cat went missing on Father's Day. He had us post about the missing cat on The Batavian and he put up fliers around Le Roy.

On Monday, July 4, still missing his cat, Beaumont went down the Eagle in the morning to hang the pictures. His partner Jon Marcello stopped by and Beaumont said, "hey, look at this," pointing the sign with "John Hepps" on it.

Marcello did a quick Google search and found he had been a contractor in Le Roy.

That evening, Beaumont gets a call from a woman, Rose Marie Betts, who thinks she found Beaumont's lost cat. Beaumont drove over to her house thinking, "this is another false lead."

But it wasn't.

Overjoyed, he took his cat home. She was home. She was safe and she was in good health.

"My couldn’t believe that cat came out of the woods that day," Beaumont said.

Beaumont drove back to Bett's house to give her a reward. She refused the money. He decided, well, maybe he could give her a gift certificate to the Eagle.

He told her he was co-owner of the Smokin' Eagle, "but before I could go any further, she goes, 'My grandfather used to own the Wiss and his name is John Hepps.' I was on a high with the cat, but that took me to the next level. My mouth dropped. I couldn’t believe it."

So Betts and her daughter, Christine, were guests of honor last night at the official unveiling of the restored owning inside the Eagle, which also served as the fourth anniversary of the business and a customer appreciation night.

Top photo: Jon Marcello pulls the string releasing the balloon-filled cover on the Wiss awning for its official unveiling.

Beaumont, with the mic, speaks after the unveiling.

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.

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.

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.

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!"

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

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.

    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.

A motorcycle and deer accident with possible injuries is reported in the area of 2705 Buffalo Road, Alexander.

Alexander fire and Mercy EMS dispatched.

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.

A four-car accident is reported in the eastbound lane of the Thruway near mile marker 279.

Unknown injuries.

Le Roy fire and Mercy EMS dispatched.

UPDATE 10:16 a.m.: One patient with a possible leg and head injury and another with "overall soreness."

UPDATE 10:17 a.m.: A chief on scene reports only two vehicles involved. One is blocking a driving lane.

A motor-vehicle accident with injuries, and it's blocking, is reported in the area of 112 Alleghany Road, Corfu.  

That's next to the Evergreen Cemetery.

Corfu fire and Mercy EMS responding.

UPDATE 11:20 a.m.: One passenger with a complaint of knee pain.

On a night when the Batavia Muckdogs fell to 4-14 in a 5-1 loss to Brooklyn, at least there were fireworks after the game.

There was also the professional debut of the New York Mets' #1 draft pick, Justin Dunn, who brought his own kind of heat, striking out two in the ninth of a jittery eighth frame.

In the eighth, the Muckdogs managed two hits off of Dunn, matching the total number of hits they got over seven innings against starter Merandy Gonzalez (2-0, 2.21 ERA).

Muckdogs starter Reilly Hovis took the loss, giving up four runs and seven hits over four innings to fall to 1-2 with a 5.60 ERA. Relievers Chevis Hoover and Parker Bugg held things down over the final five innings, giving up a run and two hits.

For the Muckdogs, Isaiah White had two hits.

The Muckdogs face Brooklyn again tonight at Dwyer. Game time is 7:05. 

Top photo: Dunn delivering his first professional pitch.

Batavia second baseman Rony Cabrera gets ready to apply the tag on Gene Cone's steal attempt in the sixth inning.

In the second, Samuel Castro attempted to bunt for a base hit, but seemed to wait for the umpire to call his bunt foul before running toward first. He was thrown out at first.

Dale Burdick steals second in the second. Burdick is the nephew of Tom Turnbull, president of the Genesee County Chamber of Commerce.

Reilly Hovis pitching.

Aaron Knapp gets a stolen base, his second of the season.

Justin Dunn

A one-vehicle rollover accident with unknown injuries is reported in the area of 1013 Ledge Road, Alabama.

The call came to dispatch through Niagara County, so no further information available now.

Alabama fire and Mercy EMS responding.

UPDATE 11:16 p.m.: A trooper on scene reports there are no injuries.

The three shots below are from Lincoln Avenue.

The following people were arrested during the Zac Brown Band Concert at Darien Lake Performing Arts Center on Sunday.

A 16-year-old of Medalist Lane, Canandaigua, is charged with criminal trespass, 3rd, after allegedly entering the concert venue without permission. 

Ryan J. Styless, 21, of Spring Street, Randolf, is charged with two counts of trespass after allegedly reentering the concert venue twice after being ejected and told not to return. Styless was arraigned in Darien Court and released on $200 bail.

Patrick J. Ciarla, 19, of Rolling Hills, Camillus, is charged with petit larceny after allegedly stealing a bottle of liquor from a vending stand.

Joseph S. Martinez, 25, of East Main Street, Faulkner, is charged with criminal trespass, 3rd, after allegedly entering the concert venue after being ejected and told not to return.

Joseph C. Weisbeck, 23, of Wallace Avenue, Buffalo, is charged with trespass after returning to the venue after being told not to return.

Sean T. Conner, 20, of Red Cedar Drive, Rochester, is charged with harassment, 2nd, after allegedly shoving a deputy while at the concert venue.

The annual July 4 Kiwanis 5K was held this morning, starting and finishing at Centennial Park.

Today is PIcnic in the Park and tonight the Muckdog's play Brooklyn at Dwyer Stadium, game time 7:05, followed by fireworks.