Press release:

The U.S. Surgeon General’s 32nd Report on Smoking and Health, to be released later this month, provides new findings on the health effects of smoking along with a call to end the continuing tobacco-use epidemic. The Surgeon General says tobacco marketing is a cause of tobacco use.

The report will highlight the 50th anniversary of the first Smoking and Health report released in January 1964. It was the first to inform the American public that smoking is a cause of lung cancer in men.

“It is hard to believe that we are still fighting this deadly product 50 years later,” said Kyla McCormick, program coordinator for Reality Check in Genesee, Orleans and Wyoming counties. “We’ve made tremendous progress, but we must continue to tackle the enormous financial and health burden that tobacco use causes our community.”

In New York, tobacco use remains the leading cause of premature death and disease, with the highest smoking rates among the poorest New Yorkers who disproportionally suffer the deadly consequences of tobacco use.

New York Director of Public Health, Paul A. Pettit and local tobacco control advocates Smoke Free NOW and Reality Check are drawing attention today to the tremendous health and financial burden caused by tobacco use in our local communities.

New York State is a leader in tobacco control with strong clean indoor air laws, the highest tobacco taxes in the nation; smoke-free outdoor laws, youth prevention initiatives, and cessation programs that together have led to substantial reductions in smoking rates among adults and youth. However, more than 25,000 New Yorkers still die every year due to tobacco use.

“New Yorkers earning less than $25,000 per year and those who report poor mental health are still smoking at significantly higher rates that the rest of the population and helping them quit remains an uphill battle,” Pettit said. “We need to ensure effective resources continue to be available to protect youth from ever starting, and to help those most vulnerable to smoking (people with lower income and reporting poor mental health) successfully quit.”

In New York State, the smoking rate for middle-school students has declined to 3.1 percent and the smoking rate for high school students has declined to 11.9 percent. The adult smoking rate has been reduced to 16.2 percent, but is much higher in some parts of the state. In Genesee and Orleans counties, the smoking rate remains at 18.7 and 29.9 percent respectively; higher than the state average.

“Research has shown the poorest New Yorkers have the highest smoking rates and as a result suffer more deadly illnesses due to tobacco use,” said Kevin Keenan, project director for Smoke Free NOW; a program of Genesee/Orleans Council on Alcoholism and Substance Abuse.

Furthermore, some counties in Upstate New York have higher than average lung cancer rates largely driven by higher than average smoking rates. The American Lung Association has estimated that if no one in the United States smoked, one-third of all cancer deaths could be avoided.

The New York State Tobacco Control Program effectively reduces tobacco use, saves lives and saves money. The Department of Health estimates that approximately 35 percent of the total decline in adult smoking is attributable to youth prevention strategies. The significant reduction in smoking among young adults will reduce future health care costs by approximately $5 billion.

For more information contact Smoke Free NOW at 585-815-1875 or Reality Check at 585-344-3960.

A 29-year-old man who broke into the apartment of a woman in Le Roy and raped her at knifepoint has been sent to prison for 18 years by Judge Robert C. Noonan.

Charles D. Johnson, 29, of 82 Gilbert St., Building #14, Apt. #6, Le Roy, will also be required to have 25 years of post-release supervision.

Johnson entered a guilty plea Nov. 26 in an agreement with prosecutors that he serve no more than 18 years in prison.  The minimum sentence available to Noonan, which he rejected, was eight years.

Johnson was indicted on counts of predatory sexual abuse, a Class A-II violent felony, burglary in the first degree, a Class B violent felony, and criminal possession of a weapon, a Class D felony.

He entered a guilty plea to a Class B violent felony. If convicted at trial, he would have faced 10 to 25 years in prison.

Johnson was identified as the suspect through DNA evidence, leading to his quick arrest following the May 9 rape.

Also in Genesee County Court today: Michael A. Nicometo, 28, of 45 North St., Le Roy, who was scheduled for sentencing this morning on his conviction for burglary, 3rd. Nicometo was involved in the heist of high-voltage copper wire from industrial buildings in Le Roy. Nicometo missed his appearance time today and a warrant was issued for his arrest. In the afternoon, he voluntarily appeared in court and his sentencing has been rescheduled for 11:45 a.m., Monday. Earlier this month, Nicometo missed his scheduled sentencing appearance because he was reportedly hospitalized in Rochester. Police arrested Nicometo in March following an investigation into the theft of high-voltage wire from industrial complexes in the Le Roy area. He and an alleged accomplice were later accused of doing $32,000 in damage to the Dolomite facility in Le Roy.

Yesterday in County Court, Shane M. Bell, 47, of 161 Jackson St., Batavia., charged with assault in the 2nd degree for allegedly hitting a man outside the Harvester bar on Harvester Avenue, was scheduled for a plea cut-off hearing. The plea cut-off date was extended to Jan. 23. If Bell and his attorney are unable to reach a plea agreement with the District Attorney's Office by that date, he will go to trial April 21.

A car struck a mailbox at 1410 Main St. in Corfu, by the Holiday Hollow, and the driver is complaining of head pain. "He states he dozed off..." according to the dispatcher. There was air bag deployment. The car is off the roadway. The location is between Boyce and Alleghany roads. Pembroke and Indian Falls fire departments are responding along with medics.

UPDATE 2:38 p.m.: Pembroke command tells the Pembroke crew they can stand down. The vehicle involved is a white pickup truck.

UPDATE 2:45 p.m.: Law enforcement also responded. The Pembroke assignment is back in service. The driver is being taken to UMMC.

UPDATE 3 p.m.: The driver is a 52-year-old male with complaints of head and neck pain.

The Batavian: Batavia's top cops offer more information in proposed 'neighborhood sweeps'

The bad guys have surveillance cameras. Why shouldn't the guys in white hats have them, too?

Rob Yaeger, Batavia PD's assistant chief, said during an interview today that seeing surveillance cameras on the homes of known troublemakers is an increasing trend.

"Usually it's the houses we have to go to repeatedly, they have the cameras," Yaeger said. "They want to know who's coming to their door."

As part of the 2014-15 city budget, Batavia PD is requesting $7,500 for a surveillance camera.

Based on initial reactions from the public, Chief Shawn Heubusch thinks there are misconceptions about its purpose and how it will be used.

First, it won't be a stationary camera. It will be portable so it can be set up in anticipated trouble spots and moved around as needed.

Second, its video feed won't be monitored 24/7.

"I just don't want the general public to get the idea that it's Big Brother watching them because we don't really have the need to do that, nor we do we want to," Heubusch said.

Cameras have been successfully used to deter crime in Binghamton and Hornell, Heubusch said.

While those cameras are stationary, "they've seen a very dramatic decrease in crime where cameras are installed," Heubusch said.

The chief said he understand some of the concerns some people have expressed about surveillance cameras, but he believes in certain neighborhoods at certain times, they can be helpful in fighting crime.

"I certainly wouldn't want one out in front of my house, but if I lived on a bad block, I might want one in front of my house," Heubusch said.

Of course, surveillance camera technology these days has gotten so good and so inexpensive, that just about anybody -- including criminals -- can set up cameras outside their homes.

It's not a bad idea for people interested in protecting their property or their neighborhood to install their own cameras, Heubusch said.

"I would encourage anybody, if they can afford it, to install a video surveillance system just around their house, around their property, because property crime is always there," Heubusch said. "Unfortunately it will always be with us."

That said, in response to a comment on The Batavian, Heubusch said, it's still up to Batavia PD to take advantage of technology to help fight crime. The police can't rely solely on private citizens installing cameras. For one thing, the chain of evidence rules might make it harder for such video evidence to be admissible, especially if the resident demands anonymity.

It's also just better for police to conduct their own operations.

"It's our property," Heubusch said. "We're the ones in charge of keeping the safety and security of the residents of the city. I'm not going to depend on somebody else to put a video surveillance system on a troubled property. I'll do that myself. That's my job."

Still, in today's society -- not just in Batavia -- crime is always a public worry, and if residents want to take on themselves the installation of cameras in their neighborhoods, that's not a bad thing, Heubusch said.

"We do everything we can to stay on top of it (crime), but we'll take all the help we can get, so if somebody wants to install a camera system at their house, by God, bring it on."

One of the keys to what officials are calling a neighborhood sweep program in Batavia is to give law-abiding residents a safe outlet for sharing with cops what they're seeing on their blocks.

While explaining further the program to The Batavian today, Batavia PD Chief Shawn Heubusch and Assistant Chief Rob Yaeger, used the example of "Granny Smith" and how she'll benefit from the program and interact with police.

"She's going to have a police officer come up to her door and talk to her, because, you know, Granny Smith is probably the lady that says, 'I don't want to bother the cops. They've got so much better things to worry about,' " Yaeger said. "Or she's going to be one of those says, 'if I say anything, they (the criminals) are going to know it's me.' We're going to talk to everybody on the street so nobody can be singled out so somebody can say, 'that's the one who said something.' "

Contrary to previous reports, Heubusch said, the police aren't coming in and locking down a neighborhood for two or three hours. People will be able to come and go -- maybe not without being asked to show an ID -- and the sweeps will be over quickly.

"That's one of the keys to this -- giving people the outlet to come and talk to us," Heubusch said. "Like Rob said, there are people won't call us because they don't want to bother us, or they won't call us because they're concerned about what might happen to them. Well, if you've got a whole neighborhood willing to make that connection right there, in person, face to face, without any fear of retribution, that's going to embolden or empower people to come forward with more information in the future."

The timing for the program, perhaps, couldn't be better, the city's two top cops said.

In recent months there've been reports of shots fired on State Street and on Jackson Street, an armed robbery on Jackson, armed robberies of local hotels and an alleged burglar picked up this week off Park Avenue while carrying a loaded handgun.

The gun play is getting worse and worse and worse," Yaeger said. "We need to stop this and clean it up now."

The program is inspired by a series of neighborhood sweeps instituted in Buffalo. Law enforcement and municipal leaders there have met with Batavia officials and are providing ongoing consulting.  The sweeps have been very, very successful in Buffalo, Yaeger said.

"The chief in Buffalo told me, 'if we had started this program 20 years ago, we wouldn't be having the problems we have now,' " Yaeger said. "It's been very, very successful for them and the citizens absolutely love it."

It's been so successful and so well received in Buffalo, Yaeger said, local residents should wait to see it implemented in Batavia before passing judgment.

"In Buffalo, the neighborhoods love it," Yaeger said. "The block clubs love it. You'll see, once it's been tried here, the neighborhood will love it. There will be positive reviews."

The sweeps won't just include police officers. There will also be code enforcement officers, parole and probation officers, animal control officers and representatives of other government agencies. 

"It's going to be like one of those national night out events where everybody comes out for a meet and greet," Yaeger said. "They're going to get to know the cops, get some of their issues addressed -- 'I don't know who to call, who can help.' It's not like we're showing up in SWAT gear saying, 'OK, who are you hiding in there?' Nothing like that. It's going to be positive."

Neighborhoods selected for sweeps will be chosen based on data -- increased numbers of calls for service, more reports of criminal activity and perhaps one particular house known to be a cause of trouble or specific individuals in a neighborhood police believe will be causing problems.

In most cases, in fact, police might have one or two or three known troublemakers they hope to locate in a particular neighborhood, which is why a street might be closed to vehicle traffic, making it harder for targeted individuals to slip out without detection.

The sweeps will be completely unannounced for that reason, as well.

Heubusch agreed with City Manager Jason Molino who said part of the goal is for law enforcement to be a nuisance for those who are being a nuisance.

"That's one of the things that is often over looked in policy today," Heubusch said. "Because we're often inundated with calls, officers are often tied up on other things, so to go out and do that proactive police work where you're just bothering the people who are bothering us is tough to do sometimes. So you put together details like this and it gives our officers the opportunity to be a bit of a nuisance for the people who are being a nuisance."

For civil libertarians, Heubusch said the police officers will obey the law and department regulations, which means a person can't be forced to provide identification or detained without probable cause. 

Of course, police officers can pretty much tell when somebody is refusing to provide identification on principal compared to the guy who won't provide identification because he has something to hide, and will react -- within the limits of the law -- accordingly.

The sweeps themselves, it's not a hostile takeover of a neighborhood," Heubusch said. "We're not going to be shutting Granny Smith in her house so she can't go get her medication or go see her granddaughter in a play or anything like that. It's going to be targeted enforcement in specific areas to try and squash the criminal activity."

An accused thief left tracks in the snow in Oakfield today that helped local law enforcement connect him to a series of car break-ins on Coe Avenue, Main Street and Maple Avenue.

Deputy Chris Parker received the original complaint of items missing from a car in Oakfield and was able, with the assistance of Trooper Frank Valetta and Investigator Roger Stone, to follow the footprints to other vehicles that were discovered to also have items missing.

When investigators caught up with the suspect he allegedly had with him several GPS units, a radar detector and numerous power cords.

Some of the items belonged to victims who didn't even know yet that their belongings had been stolen.

Investigators believe all items that were stolen were recovered.

Charged with petit larceny was Jordan Ray Smart, 21, of Gibson Street, Oakfield.

Smart may face additional charges, including numerous charges of petit larceny.

Smart was issued an appearance ticket and released.

The ground this morning was covered with a thin, but fresh layer of snow, which aided Parker, Valetta and Stone in their investigation.

This cardinal is no doubt making up for lost time by gorging on what's left of last autumn's wild grapes. Having hunkered down for a few days during last week's blizzard, the usual cast of characters is back in action in and around our neighboring woodlots.

With a poplar directly behind it, a pileated woodpecker knows decaying wood is a better place to find insects, so it pounds away on a dead sumac. There were two pileateds in close proximity on this day, but getting them into the same frame proved futile.

This pileated seems to have found the upper reaches of a dead poplar to its liking.

As the storm descended on us late last Monday afternoon, the last flurry of movement I saw was that of a red squirrel scurrying into our barn. This guy is tightly clutching a dead nub as if expecting the high winds to return at any moment.....

In the next instant it turns and sticks tail high in the air...a bit sassy maybe or perhaps it's suddenly sensing an intruder. If on alert mode, it's with good reason....

Like everything else, this redtail didn't eat for a few days during the storm...    

Hawks have been showing up with greater regularity, what with cottontails, squirrels and, in the warmer months, chipmunks, to prey on.   

Here's the cardinal again...in this photo note the bit of grape stain on his beak.

A gray squirrel gives the once over to a tiny abode that has housed baby wrens for the past few summers.

Sometime before last week's blizzard and after December's flood, we had some freezing rain.....this house finch doesn't seem deterred by the results.

A large fight is reported near the Batavia Youth Center, located at 12 MacArthur Drive. City police responded promptly but found the parties had left the scene.

The Ray Cinanfrini era of the Genesee County Legislature has officially begun and the lifelong Oakfield resident certainly has some plans to try and make an impact.

In the top drawer of the desk in his county office Cianfrini keeps a sheet of 8 1/2 by 11 inch piece paper filled from top to bottom with ideas he would like to pursue.

Whether any of them are ever brought forward, pan out or receive the support of the other eight members of the county's legislative body, only time will tell.

"I think this job is going to be a challenge," Cianfrini said. "We have a group of legislators who are dedicated. We have some new members who are young and energetic. I'm excited, but I'm also a little scared. Whatever happens, I'm going to give it everything I've got to ensure the county is in as good of shape, if not better, than when I took over."

Cianfrini, who served seven years as the mayor in Oakfield before being elected to the Legislature in 2007, replaces Mary Pat Hancock, who held the chair for 13 years.

Hancock's former office has been cleared of its mementos, photos and paintings. The walls are now bare. Since taking over the job, Cianfrini said, he simply hasn't had time to deal with decorations.

"I used to say I was a full-time attorney and a part-time legislator," Cianfrini said. "I think the roles have been reversed right now."

The job will be daunting, no doubt, in a time when state government is more and more burdensome, infrastructure is aging and the county struggles to find ways to grow its economic base, there's nothing easy about leading a whole county.

Cianfrini is an unabashed booster of Genesee County, but he's also more than aware of the problems we face.

"I don't like the idea that we might lose industry," Cianfrini said. "I hope we're able to maintain the high level of active, large employers we have. Agriculture, of course is a big industry for us and we have the two new yogurt plants, so I'm hoping our dairies will be around for a long time. If anything scares me, I would hope crime does not seep into Genesee County. I know we have crime, but I hope we don't get the overflow of crime that seems more prevelent in the larger cities around us. And I worry about whether our children will have a place to find jobs locally."

That focus on jobs and industry is one reason Cianfrini appointed himself as the Legislature's representative on the Genesee County Economic Development Center Board.

While Cianfrini has gained a reputation as something of a GCEDC critic at a time when many local residents worried about seeming excesses in the agency, Cianfrini said his position about the IDA is often misunderstood.

"My criticism in the past has been focused on their operations, their internal operations, in particular their compensation for employees," Cianfrini said. "I've never criticized the GCEDC in their performance. I think they do a bang-up job. I think they're intelligent and hard-working people. I'm not in there with an agenda. I'm not there to impose on them any of my particular feelings. I'm there to learn more about the GCEDC. I'm there to help, if I can."

Top on Cianfrini's agenda is assisting the development of the STAMP (Science, Technology & Advanced Manufacturing Park) project in Alabama, which is part of his district.

"I'm a huge supporter of STAMP," Cianfrini said. "It's a transformational project that's going to be a tremendous economic boost for Genesee County."

It's in the county's best interest, Cianfrini believes, for GCEDC to succeed in attracting new business and growing local industries and he's supportive of those goals.

"I know this may sound crazy, but I'm going to be there rooting for them to achieve their goals and create new opportunities for economic development."

At the same time, he said, he's mindful of his responsibility to provide both oversight and communication about GCEDC activities for the rest of the Legislature.

"I am there as the only representative of the county Legislature, so I will scrutinize what goes on. If there's issues that I think need to be addressed, I'll bring those back to the Legislature," Cianfrini said. "I did not put myself on the board soley for the purpose of changing the way in which they do business. I'm there to learn. I'm there to offer any assistance I can, but if there's something I don't think is right, I'll be, as most people know, the first person to bring that to the attention of the Legislature."

The 68-year-old Cianfrini graduated from Oakfield-Alabama High School in 1963. His undergrad degree is from the University at Albany and he was drafted into the Army after his first year in law school. Following a two-year hitch, Cianfrini completed his law degree in 1972 and moved back to Oakfield.

He has practiced law in Oakfield for 42 years.

He's married. His wife, Karen, is a nurse at UMMC. They have three children.

Their oldest son, Michael, 39, is also an attorney. He and his wife, Melissa, worked for big law firms in Pittsburgh, but decided they wanted to move to Oakfield to practice law and joined Cianfrini's law firm more than 10 years ago. Late in 2013, Michael Cianfrini was appointed deputy county clerk. Melissa Cianfrini is in her third year as an assistant district attorney.

Daughter Christy Connor is an epidemiologist in San Diego. She and her husband have three children.

The Cianfrini's youngest son, Steve, 33, served eight years in the Army as a combat helicopter pilot, with an 18-month tour in Iraq, where his helicopter was once shot down, and a tour that included heavy combant in Iraq. In search of a more tranquil life, Steve left the Army not long ago and took a job in Grand Rapids, Mich., as a postal carrier.

Not too many months ago, when asked about the anticipated vacancy in the Legislature's chair, Cianfrini demurred, expressed little interest.

That changed, he said, when Annie Lawrence, the more senior Republican on the Legislature, made it clear to her colleagues that she didn't want the job. 

Cianfrini decided he was up for the challenge and that he could make the time to do the job right.

"The way I look at it, there was county government for 200 years before I came in and there will be county government, hopefully, for 200 years after I leave," Cianfrini said. "I just want to make sure while I'm here at the helm that government runs efficiently at the lowest cost."

The job is important, Cianfrini said, because Genesee County is important.

"I just love Genesee County," Cianfrini said. "I think anybody who has been born here has difficulty giving it up. We have two major metro areas around us. If we want to go to a football game, if we want to go to the opera, or to a show or shopping, we have it. The beauty is, we've got the serenity of Genesee County. It's a beautiful area. It's a great place to raise children. I think the school systems are excellent. Why give that up to go someplace where you don't know what you're getting into?"

To help make this an even better place to live, there are some ideas Cianfrini would like to pursue.

For example, he thinks the Legislature should take a look at public safety in county-run buildings.  He wants to, maybe, propose opening up the County Park in Bethany to bow hunters during bow season. That would generate revenue for the county and also help deal with the exploding deer population in the park. Perhaps, he said, the county government should go paperless, with Legislators carrying around iPads instead of binders and folders. He would like to look at a public-private partnership to build more hangars at the Genesee County Airport.

That's just a part of the list he keeps in the top drawer of his desk.

He also anticipates working out an agreement with the GCEDC that would lessen the burden on taxpayers to help support the agency.

Last year, the county supplemented GCEDC's revenue (which comes mostly from fees paid by businesses that use the agency's services) with a $215,000 expenditure. 

Steve Hyde, CEO of GCEDC, has always argued that the county government needs "skin in the game" to prove to site locators that economic development is supported in Genesee County, and that the money helps GCEDC balance its books.

Cianfrini has another approach he would like to try and be thinks just might fly.

"I've talked with GCEDC and they're willing to talk now about the possibility of working out a formula that might minimize the county's contribution," Cianfrini said. "At times when their cash flow is good, we don't pay as much taxpayer money to support them, but on the other hand, when maybe money is tight, or revenue is drying up, maybe we increase our contribution rather than have a fixed amount. They seem willing to talk about adjusting that payment."

Now that Cianfrini has a more comprehensive responsibility in Genesee County than just representing one district, or just chairing one committee, he's working hard to get to know the rest of the county's business, learning as much as he can as quickly as he can about all of the county's departments.

He sees his role as a facilitator to develop and implement policy, and that means he needs to really understand the nuts and bolts of county government.

"I kind of look at it like this," Cianfrini said. "From a team perspecitve, we're like a football team. The people are the owners of the team. The taxpayers are the owners. The Legislature, we are kind of the board of directors to set the policy for the team. Jay Gsell, our county manager, is kind of the general manager of the team. Our department heads, they're the coaches. They're the ones working with the players. The players are the employees. I'm seeing my job as the chairman of the Legislature as one to help move policy along and to maybe offer some fresh ideas."

Asked if he thinks his new job makes him one of the more powerful people in Genesee County, Cianfrini said, no, not really.

"I think I can influence certain things, what things will come before the Legislature," Cianfrini said. "I think I can influence the direction we may be going in. If that means power, so be it, but I don't think of it as a powerful job. I don't want power. I don't seek power. I want efficiency and I want results. That's where I'm coming from."

Press release:

A contractor will be making repairs on a private waterline on Bank Street near Ross Street on Thursday, Jan. 16th. This work may require the City water main to be shut down to complete these repairs. If a service interruption is required it will impact water service on Bank Street (between Chandler Avenue and Vine Street) and Ross Street (between Bank Street and North Street). Water service would be shut down after 9 a.m. until repairs are completed which may last several hours. This work may result in a period of discolored water in this general area after service is restored. Residents should check to make sure water clarity has returned before resuming activities such as laundry which may be impacted.

Angela Irene, 44, of South Grand Road, Medina, is charged with grand larceny, 4th. Irene was arrested as a result of reports on The Batavian and OrleansHub of a purse being stolen from a shopping cart in the parking lot of the Batavia Walmart and a gift card subsequently being used to purchase a cake at the Walmart in Albion. As a result of the publication of the surveillance photo from the Albion Walmart, the suspect turned herself in to local law enforcement. The Sheriff's Office also received numerous phone calls identifying the suspect. The case was handled by Investigator Kristopher Kautz and Deputy James Diehl.

Jillian E. Dibble, of Akron, is charged with DWI and driving with a BAC of .08 or greater. Dibble was stopped at 7:50 a.m. Sunday on Route 77 at Reynolds Road, Darien, by State Police.

Alexander E. Dills, 23, of Stafford, is charged with criminal possession of a controlled substance, 7th, possession of a hypodermic instrument, unlawful possession of marijuana, criminal possession of a weapon, 4th, and aggravated unlicensed operation. Dills was arrested by State Police at 8:55 a.m. Saturday. No further details released.

Darrnell J. Barnes, 51, of Alabama, is charged with DWI and driving with a BAC of .08 or greater. Barnes was stopped at 7:42 p.m. Saturday on Alleghany Road in Alabama by State Police.

An area of light snow mixed with patchy freezing drizzle is creating the potential for black ice in some areas, according to the National Weather Service.

This could be a particular problem on bridges, overpasses and other elevated surfaces.

"Motorists should exercise caution during the morning commute as area roads may have a few slick spots," forecasters said.

A three-car, head-on accident is reported on Route 63 near East Road, Bethany.

Injuries are reportedly minor, with one person complaining of hip pain and another with a leg injury.

Bethany fire and Mercy EMS responding.

UPDATE 6:28 a.m.: Traffic is being shut down at Transit and East roads.

UPDATE 6:33 a.m.: A deputy on scene says just two vehicles are involved.

UPDATE 6:58 a.m.: Patient number one has been extricated.

A police officer doesn't always need to write a ticket after making a traffic stop, nor does an officer need to arrest somebody suspected of violating the SAFE Act, Sheriff Gary Maha told members of Genesee County SCOPE at a packed meeting Tuesday night.

Maha said he's obligated under the oath of his office to uphold the law and if the Sheriff's Office receives a complaint about a possible violation of the SAFE Act, a deputy is required to investigate the complaint. It will be up to the deputy to decide whether an arrest is in order.

"An officer has the ability to exercise discretion and that's what we're going to do in Genesee County," Maha said.

His comments prompted applause from SCOPE members.

Maha, along with County Clerk Don Read, Assistant District Attorney Will Zickl and Undersheriff William Sheron were guests of SCOPE at its regular monthly meeting.

Zickl opened the discussion by recapping a recent court decision by U.S. District Court Judge William M. Skretny upholding much of the SAFE Act, or as Zickl called it repeatedly, "the so-called SAFE Act," and overturning others.

Skretny ruled the ban on assault rifles constitutional but threw out the limit on seven rounds in a magazine.

Zickl said the ruling was full of flawed logic.

"I hope there is some other court somewhere who tells him so," Zickl said.

The ruling only applies to the jurisdiction of Skretny's court, which is Western New York.

Read spent some time discusing a provision of the SAFE Act that requires all pistol permits to be recertified every five years.

The process, especially the first time around, is going to be burdensome and bureaucratic and to help get a jump on the process, the state is going to start sending out letters to pistol permit holders soon telling them to apply immediately for recertification. The first pilot project will begin soon in Albany County.

However, what the letters won't tell the holders, nor will any other state literature on the topic, Read said, is that recertification isn't required until 2018.

Read said he doesn't know what the state will do if permit holders simply don't respond to the early recertification request.

The state recently contacted all county clerks and asked if the clerks would like the county seal placed on letterhead sent to pistol permit holders informing them of the recertification process. Read said he told state officials no, but he and other county clerks are concerned the state will use county seals anyway.

Courtland County's Legislature has approved a resolution telling the state not to use its seal. Ray Cianfrini, the new chairman of the Genesee County Legislature, told SCOPE members that the local body will take up a similar resolution and he expects it to pass easily.

That brought another round of applause from SCOPE members.

SCOPE President Bill Fox raised a concern about a provision in the law that would require any pistol permit holder who loses his or her permit for any reason to turn in to State Police all of his or her guns, even rifles and shotguns.

"It's like a backdoor to take away the rest of your guns," Fox said.

Zickl said, "It's a very substantial and very troubling amendment to the law," adding, "you don't have to be too paranoid to be worried about that section of the law."

During his remarks, Maha noted that the governor proudly trumpeted a few weeks ago that so far there have been 1,291 arrests under the SAFE Act in New York.

"What he doesn't tell you is 1,029 were made in New York City," Maha said.

There have been no SAFE Act arrests in Genesee County, Maha said, and only a couple in the neighboring rural counties.

"The law doesn't make sense for Upstate," Maha said. "It was written by the people in New York City who don't know anything about guns because all they know is Downstate and down there guns kill people, so guns are evil. That's not true for us. We were brought up with guns. We hunt with them. We shoot targets with them, but that's not true if you're in New York City."

Sheriff Gary Maha, County Clerk Don Read and Assistant District Attorney Will Zickl.

A hand raised above the crowd during a Q&A portion of the meeting.

Bob Wilson asked a couple of questions, including asking why Genesee County doesn't secede from the rest of New York. Ray Cianfrini, chairman of the Legislature, encouraged SCOPE members to support Assemblyman Steve Hawley's bill, which Hawley introduces every year, calling for a referendum on splitting New York in two. When the question was repeated, Cianfrini said, with a touch of a smile, "I don't think Genesee County will be seceding by itself."

Also, tomorrow, on the one year anniversary of the SAFE Act becoming law, one member of SCOPE said everybody who supports repeal of the SAFE Act should call the governor's office tomorrow and respectfully request the SAFE Act be repealed. The governor's office phone number is (518) 474-8390.

County Highway Superintendent Tim Hens had a few items approved today by the Public Service Committee:

• The sale of surplus property, specifically a 2001 Chevrolet Silverado 1/2 ton 4x4 pickup truck.
• Authorizing the county to enter into a consultant agreement with C&S Engineering for the final design of a new terminal and maintenance hangar at the Genesee County Airport. The total design contract is $240,024, with $199,500 being previously approved. The increase includes $11,111 in new state aid and $29,913 in airport deferred revenue. 
• An agreement to work with the Town of Batavia on reconstruction of the intersection at Powers Road and Pratt Road. The project will eliminate a hill and fill in a dip, improving visibility for drivers approaching the intersection. The total cost of the project is $400,000 and will be covered in part by a 90 percent federal grant.
• Authorized purchase of a new 4x6 dump truck, wing, plow and harder sander for $205,918 from Beam Mack Sales in Rochester. The highway department runs six such trucks "nonstop" Hens said. The trucks haul snow, salt, dirt, tree stumps and other material that needs moved place to place. "These are workhorse vehicles," said County Manager Jay Gsell.
• Authorized the purchase of six Ford Fusions, a Ford Escape and a 12-passenger van from Van Bortel Ford, East Rochester, at a price not to exceed $165,360.

It took local law enforcement less than an hour today to respond to a reported burglary in progress at 28 Park Ave., Batavia, and take two suspects into custody.

The first, who was allegedly armed, was captured almost immediately about 100 yards from the residence.

The second suspect was the subject of a manhunt that involved officers from Batavia PD, the Sheriff's Office, State Police, a K-9 and a helicopter. It lasted about 45 minutes.

"We had the State Police helicopter up in the air quickly," said Chief Shawn Heubusch, Batavia PD. "We had the benefit of decent weather. We had several reports from residents in the area. Our officers responded very quickly. They set up a perimeter very quickly. Everybody did what they were supposed to do. That was the crucial element, to be able to bring all of those resources together in such a short amount of time."

It was a neighbor who reported the possible burglary. The witness saw two men knock on the door of 28 Park Ave. About 10 minutes later, the neighbor heard a loud noise coming from the residence.

Dispatchers received the report of the possible burglary at 11:28 a.m.

When police arrived, two men were seen running from the house. One headed east, the other west.

"It doesn't appear anything was taken," Det. Rich Schauf said. "There is evidence they were well into the house and, for whatever reason, they left in a hurry and were seen running from the house. The assumption is they saw that there were police in the area."

Arrested almost immediately was Nathaniel Davis, 18, address unconfirmed. Davis was allegedly found in possession of a loaded handgun at the time of his arrest.

"There was an attempt to tase him, but because he had thick clothing on, the initial tase did not work," Schauf said. "There might have been, I'm not sure if there was, a positive tasing at some point, and then (he) did finally fall to the ground."

With a perimeter established, Schauf said commanders on scene were pretty confident the second suspect hadn't gone far.

St. Paul's School, a private school on Washington Avenue, heard of the law enforcement activity in the area and went on lockdown. Schauf said both because of the fast-moving situation and because officers were confident that the second suspect was contained to a four-block area, other Batavia schools were not contacted about a possible lockdown.

"We weren't at a stage where we were in a planning mode," Schauf said. "That would have happened very shortly if this had continued on, but because it was fluid and all our resources were tied up in the pursuit, there wasn't time at that point to make a decision."

During the search, there were neighbors coming and going and residents coming outside to see what was going on.

Schauf said residents, as they appeared, were being instructed to stay inside, but if they saw anything, to call dispatchers.

Drivers were asked to keep moving along.

"You've also got to be aware that in this day and age of cell phones, this person could be trying to contact somebody to try and get him," Schauf said. "So we're trying to be aware of who's around that area."

The first order of business is safety, Schauf said, both for residents and for officers, but the PD was also confident they had the suspect pretty much trapped within the perimeter.

"That's why we are able to keep searching," Schauf said. "It was a needle in a haystack, so to speak, but we also knew there was a good chance the person couldn't get out of that perimeter, so we were pretty confident we could just keep searching."

At the start of the search, Deputy Brian Thompson -- on a well-deserved day off after being involved in a life-threatening situation where a suspect dragged him with his car before two truck drivers intervened -- was at the County Highway Department washing his patrol vehicle when he heard the call. Thompson had his K-9 Pharoah, not yet retired, with him and his gear.

"He thought his dog might be of service and absolutely he was," said Chief Deputy Jerome Brewster, adding that a K-9 officer is always ready for the call of duty.

It was Pharoah, whom Thompson has always praised for his tracking ability, who located the second suspect and chased him to the back yard of 48 Ellicott Ave.

"He continued to flee with the dog chasing him," Schauf said. "He went as far as he could go before giving himself up."

The suspect, 23-year-old Akeem Simmons, suffered a leg injury at some point during the incident, probably while running, but at this point, investigators aren't sure. He was transported from Batavia PD headquarters to UMMC by Mercy EMS, where he was treated. He was seen later at the police station with a leg brace boot on his right leg.

No weapon was found on Simmons, and a K-9 from the State Police barracks in East Aurora that is trained in weapons detection was brought in to sniff the path Simmons is believed to have followed and no weapon was located.

Investigators did find a discarded black hoodie.

The initial description of the two suspects was that they were wearing black hoodies. When Simmons was arrested, he was wearing a red hoodie.

"An obvious tactic is to change what you're wearing," Schauf said. "Once you get out of the immediate area, change what you're wearing."

Possible charges against Simmons and Davis include burglary, 1st, a Class B felony, criminal possession of a weapon, criminal mischief and resisting arrest.

This is the fourth high-profile criminal incident in the past six months in the City of Batavia where guns were involved.

Both Detective Schauf and Chief Heubusch acknowledged there is an increase in weapons being used by criminals locally and an increase of violent crimes in Batavia.

It does seem like there are more incidents of people who have guns, where we didn't see that before," Schauf said. "If you look at it for society, it's been a problem at the forefront for a long time across the nation. We've been fortunate that we haven't had that here, but you can only hold out so long."

The reason for the increase might be, Schauf said, because criminals feel a greater need to protect themselves from each other.

"When you read about what goes on in Buffalo and Rochester, we're not removed from that," Schauf said. "As a police officer, we are always trained to be looking so that we're not taken by surprise, but I think as a community, it's something people need to be aware of -- to look out for one another, like what happened today, and to just be more cautious because it is more prevalent."

The best way to combat an increase of gun-related incidents, Chief Heubusch said, is for members of the community to look out for each other, as a neighbor did today.

In addressing that question, Heubusch also addressed the possible concern from residents that there is an increase in criminal gang activity.

"I think people in this community should just be concerned about the increase in violent activity on the whole," Heubusch said. "Whether it's related to any specific group of people, the message we're trying to get out there is you need to help your neighbor. If you see something, you need to say something. It's very simple."

He said that rather than be concerned about possible retribution, residents need to concern themselves first with looking out for the safety and well being of each other. 

"If you speak up about these people who you think are maybe in a gang or you think are may be going to commit a crime, you're going to drive those people out of the community," Heubusch said. "You're going to drive them out by saying we're not going to stand for it. We (the police) are going to back you up 100 percent. We're going to do everything we can to get these people out of our community.

"There's an increase in violent crime across the nation," Heubusch added. "We're not in a fish bowl. We need to be prepared. Our residents need to be prepared to take care of one another."

UPDATE: A couple of things left out of the original story. Davis is somebody Batavia PD has had prior contact with and is believed to be a longtime resident. Simmons is new to the community.  Simmons was on an alert list for questioning by parole or probation and law enforcement had been warned to consider him potentially dangerous.

Asked if one or both of these men might be suspects in the recent armed robbery of a pizza delivery driver, Schauf said that's certainly something investigators will look into. 

Regarding potential gang connections to recent gun-related crimes, a quote from Schauff: "It's something we don't overlook. It might not be stated as an obvious. Like the question you're asking, isn't it obvious? We can't go by obvious. We need proof. There is certain proof we need to prove that. It's something that we look at and we take seriously, but to say ... we would want to have more proof before I said that."