NOTE: The Batavian reached out to current and former members of the Genesee County Sheriff's Office to write up remembrances of Sgt. Thomas A. Sanfratello, who died in the line of duty while serving and protecting his community on Sunday morning.  Below are the remembrances we received. While we limited the request this round to people associated with the Sheriff's Office, we will publish more remembrances from the community if we receive a sufficient number.  We invite other first responders, whether in law enforcement, fire services, EMS, or any community group, especially those of his friends and neighbors in Alexander, where he served as a town board member, to submit remembrances.  Email your statements to howard@thebatavian.com, and please be sure to include at least "Sanfratello" in the subject line.  If we receive a sufficient number by Friday evening, we will try to have them published by Saturday morning.  Please also include your full name and any appropriate title in the body of the email.

Former Sheriff Gary Maha:

When I received the phone call early Sunday morning from a deputy, who was assigned to make notifications of Sgt. Tom Sanfratello’s death, I was shocked.  I thought to myself that if this were going to happen to someone, it wouldn’t be Sergeant Sanfratello. He was outgoing, very friendly to everyone and easy to get along with. However, he knew how to do his job and would do it well. It has been very emotional as it has been with his family, friends and especially current and past members of the Genesee County Sheriff’s Office who knew and worked with Tom. 

I remember when I hired him as a deputy sheriff in 1996. He was a young, thin guy working in dispatch. I am sure some thought why did they hire him as a deputy! I watched him mature, gain knowledge, and experience, and become an excellent officer. He was promoted to sergeant in 2007 and became an excellent road patrol supervisor and supervisor of the Civil Bureau. 

He loved working for the Genesee County Sheriff’s Office and loved being a law enforcement officer. As someone said, “he would give you the shirt off his back if you needed it.” Tom was always dependable. If you asked him to do something, he would do it and do it right. He was instrumental in the implementation of our Public Safety Computer System and was a great source for younger officers with his 32 years of experience. He will be missed. RIP, Sergeant Sanfratello, and God Bless You.

Retired Chief Deputy Gordon Dibble:

I remember when Tommy started with the Sheriff's Office as a dispatcher.  He was a skinny, twenty-two-year-old kid.  When they hired him as a deputy sheriff, I remember thinking this is a mistake, he'll never cut it as a deputy.  I was wrong.  Tommy was like a sponge -- a quick learner, a problem solver, always wanting to know more.  

Tommy filled out physically and got involved in as many things as he could.  He was even on the SCUBA team.  He was an overtime hog, working every extra detail that he could.  I wonder how many hours he put in at Darien Lake Theme Park.  He supervised almost every concert, working closely with the theme park managers to make concert nights go as smoothly as possible, and he was fearless.  He was often first into a messy situation, leading from the front.  

Tommy had a great sense of humor, a great smile, and the laugh of someone who enjoyed life. We shared many laughs together. We also shared an addiction. We were both addicted to Mountain Dew. My wife even shared an addiction with Tom: an addiction to the video game Candy Crush. 

I am just one of many, many people who will greatly miss Tom.    

Chief Deputy Joseph Graff:

The loss of Sgt. Sanfratello has been a tragedy for his family, our law enforcement family and our community.  Tom was a valued resource. His most recent role was as the sergeant in charge of our civil division and warrants. Tom always made himself available, whether on duty or not, to answer a question or phone call and was often sought out for his expertise in civil matters.  

Tom had a remarkable ability to recall sections of the law that are not often used and had a system of organization that kept things running.  Even after 32 years in Law Enforcement, Tom was still willing to go out into our community and do the job.  Tom’s heart was evident in the annual Easter egg hunt he would hold at his home, hiding thousands of eggs and inviting the families of our office.  

It was an honor to have had the opportunity to know Tom professionally and personally. His presence will truly be missed in our lives. My thoughts and prayers are with the family of Sgt. Sanfratello. Godspeed GS 9.

Investigator Chad Minuto:

When I was approached by Howard to provide a memory or story about Tommy, it took me some time to comb through our past twenty years together.  There are so many memories together that it would be impossible to choose just one.  I think I would rather like to say a few words about my friend.  

I myself became a lot closer to Tommy over the past seven years after being promoted to Investigator. I would visit Tommy daily to bend his ear.  Tommy was the pulse of the department.  He was highly adept at how our office operated and played a crucial role in keeping the “engine running.”   Tommy was organized “In his own way” and took a systematic approach to everything he did.   Tommy was an extremely hard worker, a devoted deputy, and someone who cared deeply about the Sheriff’s Office.  His work ethic, experience, and wealth of knowledge will be irreplaceable.   

Tommy not only loved the Sheriff’s Department, but above that, he loved his family and children.  Tommy, himself, was a giant kid at heart.  He was an avid collector of Hot Wheels and Legos, often traveling across the country to attend and work at toy shows.  I remember the smile on Tommy’s face when I told him my son had become interested in Legos.  Tommy would routinely show me sneak peeks of unreleased Legos and share his duplicates of Lego mini figures with my son.  Personally, I think Tommy shared these Legos because he felt bad knowing that I would not find these in stores.  Why, you ask? Well, Tommy had likely cleaned out the inventory locally. 

These past few days have been so surreal, and it is still hard to wrap my head around the fact that Tommy is gone. I know there will be times in the weeks and months ahead when something will remind me of Tommy and stop me in my tracks. I welcome these moments, as they will ensure that I will never forget what Tommy meant to this department or me. We will miss you, GS-9!

Dispatcher Jason Holman:

Sgt. Sanfratello, the Sheriff's sergeant, provided a calm and consistent veteran command presence to our office.  He was a leader and mentor to those around him.  He had a large part in the training and development of most of the deputies and investigators we have now.  His long career and vast experience were an asset to new patrols as they came into their own.  His knowledge of the operations of our agency, both out on patrol and within the Civil and Records Departments, will be sorely missed and not easy to replace quickly.  He oversaw special detail assignments/scheduling at locations such as Darien Lake and Batavia Downs.  His command of the staff at those assignments will be difficult to replace.

He was also an advocate for the work we do in the dispatch center because of his history there.  Many times, as the first point of contact with someone in need, that dispatcher can set the tone for a call for service or demonstrate the effectiveness and professionalism of the Genesee County Sheriff's Office.  Sgt. Sanfratello understood the importance of recruiting, hiring, training and retaining quality Emergency Services Dispatchers.

As a former union president, he advocated for his members. He was always searching for and often finding ways to improve the quality of life, salary, and benefits provided to our staff.

On the other side, Tom Sanfratello, the man, was a son, brother, father, uncle and, significant other, friend to many who loved him.  Outside of work, he had an affinity for collecting diecast cars, specifically Hot Wheels.  That hobby took him all over the country to shows and swap meets and garnered him a whole different community of friends and colleagues that I'm sure are also feeling the pain of his loss.  More recently, he had taken up collecting and building Lego sets.  What started as fun for him and his youngest daughter, Lexi, turned into another hobby and a large collection.  He was a family man who loved his children.  Ian recently graduated from the Corrections Officer Academy at the top of his class, and I don't think you could wipe the smile off of Tom's face that week.  He was very proud of Ian's accomplishments and the fact that he was able to work alongside him.

I'd also like to remind you that March 21 will be the one-year anniversary of Emergency Services Dispatcher Andrew Merkel's untimely passing.  Our staff is also dealing with the weight of that anniversary.  He shared many qualities with Tom and he is still sorely missed by many at our office.

Lastly, I'll leave you with something that has always struck home with me during a loss.  For those who are hurting during this:

"Keep fighting.  Persevere.  Those who left us too soon are proud of you. Even though they may not have had the chance to say it."

Forgive me, as I don't recall where I once heard/saw that and could not tell you who may have said it.  But some version of those words has stuck with me for a long time as I have dealt with loss in my own life.

Genesee County Legislature Chairwoman Shelley Stein added to the many condolences expressed for the loss of Sgt. Thomas A. Sanfratello, who died this past Sunday during an encounter with an individual at Batavia Downs. 

Stein said the 54-year-old was a graduate of Alexander High School, a huge Buffalo Sabres fan, and an avid fan of the New York Yankees. He was also a devoted dad who loved spending time with family, especially his children. 

He began his career on Feb. 29, 1992 at the Genesee County Sheriff’s Office as a dispatcher and was appointed deputy sheriff in 1996 and 11 years later road patrol sergeant. During his years of service, he twice earned Deputy of the Year and was awarded several commendations, for which colleagues have spoken nothing but praise about his professionalism and contributions. 

“This Legislature body mourns his loss,” Stein said Wednesday during the group’s meeting at the Old Court House. “Our thoughts and prayers go out to his family. His impact on our community stands as his legacy. May we all find comfort in knowing he was protecting us in his service. May you rest in peace, Tom.”

Sanfratello was born in Batavia to Anthony and Dorothy Sanfratello and died on March 10 in the line of duty “while serving and protecting the citizens of Genesee County,” Stein said. 

She asked for a moment of silence before beginning the Legislature meeting to honor a man who has been held in high regard by countless municipal, law enforcement and community members. The county's Old Court House cupola can be seen lit up in blue each evening, and flags have been lowered in Sanfratello's memory.

The Deputy Sheriff’s Association has established a fundraiser to help Sanfratello’s family with expenses, and calling hours from 2 to 8 p.m. Friday and an 11 a.m. funeral service have been set for Call Arena at Genesee Community College, 1 College Road, Batavia, with a burial at St. Joseph’s Cemetery. 

Sanfratello, who was referred to on Wednesday by fellow law enforcement as a friendly, go-to guy for answers and an incredible human being, is survived by his mother and children, Ian, Kyla, and Alexis Sanfratello; his wife; sisters, nieces, and nephews; his partner; two great-nieces; two great-nephews; along with many cousins and countless friends.

“He also leaves his brothers and sisters in law enforcement,” Stein said. 

Weighing out the options of a permissible 2.26 percent tax increase versus going whole hog for a super-majority vote and a 4 percent increase, or having no increase at all and actually tightening the belt and eliminating expenses for a tentative $60.5 million budget, Batavia City School board members covered the gamut of responses to a nearly $1.4 million budget gap during its second review Tuesday evening.

Toward the end of a 90-minute session, Vice President John Reigle posed a question that was perhaps three years too late. 

“Call me crazy, but should we start planning now? Those three years knowing, I mean, I kind of feel like we knew these COVID grants were running out. We should have been proactive and tried to replace that money instead of being in this position now. I think it's very difficult,” Reigle said.

Business Administrator Andy Lang reviewed adjustments made so far since the initial meeting two weeks ago. Those include possibly cutting seven full-time COVID-19 grant-funded positions (three-year grant due to expire in September), four full-time positions that will be reduced based on enrollment, elimination of three full-time teacher positions by not replacing retirements; moving seven full-time positions from the general fund into ongoing grants, and reductions of three bus runs, equipment purchases and school supplies that had previously been provided free for all students.  

That still leaves a gap and the options of increasing the tax levy, pulling more from the appropriated reserve, similar to a district savings account, or further cutting expenses, Lang and Superintendent Jason Smith said.  

Lang had suggested drawing $2.5 million from reserves toward the 2025 budget and said that more could be taken if the board wanted to. 

“How much danger does it put us in the future for next year?” board member Alice Benedict said. “How much would be left?”

Lang said he will calculate the remaining amount later this year, and the reserve is considered a “safety net” for the district. 

“So a lot of it depends on where we end up at the end of this year, how much total fund balance that we have on the site. And then the other factor is how much revenue actually comes in for next year. If status is reinstated to what it should have been, the district will realize additional revenue, we may not have to utilize or actually use that appropriated fund balance, but the safety net, it's a safety net so that we don't put ourselves into a deficit situation,” Lang said. “Just because we appropriate that fund balance does not necessarily mean that we use it; our expenditures could be less than anticipated, and our revenues can be greater than anticipated and the amount that we are appropriating, so it'd be a wash.”

Benedict also proposed finding a way to keep the free school supplies for all students in the budget. That was a perk provided due to the pandemic, and the supplies were purchased with COVID grant money at an expense of about $90,000. Benedict argued that there should be a way to retain those goods in the budget now that the grant funds are drying up. 

Board Vice President John Reigle countered that the money could be better spent, such as on a teacher position—or about 1.5 positions, Lang said—and Reigle preferred putting the funds toward instruction versus supplies. 

Smith pushed for keeping the seven positions in place, and even though they include extracurriculars, he recommends keeping them because they are “robust” programs.

He wouldn’t want to see the board take away drama club, marching band, football, “all the things that make school a school,” he said. 

He suggested that the board wait until the state budget is more firmly in place to get a better idea of how much state aid the district will receive. The board could still work on a general budget, and a “best case scenario” in Foundation aid would add $300,000 to the revenue side, Lang said. 

After a nearly 90-minute session of reviewing numbers and options, Smith asked members who were for a tax increase. Board President John Marucci, who was quiet throughout the meeting, raised his hand. Otherwise, “we’re going to have to make some serious cuts,” he said. 

Lang warned the group that the grants do have an endpoint, just as current COVID grants are coming to an end this September.

“The only other thing I’d just like to mention regarding general fund grants is that some of those grants are finite. They are not perpetual grants. So, there might be, those grant funds would eventually cease after several years, and the mental health grant was three additional years from now,” he said. “So just as kind of a precautionary measure to the board.”

He also added that “there’s only so much you can cut out with those one-time” expenses, such as supplies and equipment. Those expenses will return again next year, he said.

Reigle made a final request to Smith at the close of the meeting.

“We’re basically cutting seven positions, correct? I gotta imagine that's gonna put such a burden on these guys. And we’ve seen such an improvement in our numbers the past few years, and we’ve really harped on it. And I think the coaching positions have helped. If there's things we can try to find, or if there's alternatives, I think we should try some of your alternatives to try and save some of these positions,” he said.  “(In a news article, City Council President) Mr. Eugene Jankowski pointed out in his presentation, ‘we don't want to lose law enforcement or first responders.’ These are our first responders, so I’d like to see some possible options.”

Danielle Cummins hopes that when folks drive down the rural roads of Genesee County, they can take in all that goes into those rows of crops growing in the nearby dirt and how they are so integral to the makeup of the county’s number one industry, especially amidst the labor challenges of limited work hours and competitive pay of nearby states.

Cummins represented Genesee County Farm Bureau as of member of the board Wednesday during a special presentation for Agriculture Month. 

“I hope, when you drive down our back roads that you see more than just a green field, you sort of respect and appreciate what's out there and what it takes for the men and women to do that job, to do it well,” she said. “You know, we're blessed with great resources in this county. And I think we've got great stewards of the land that do those things that we can continue to have the thriving agricultural economy that we have.”

According to the 2022 Agriculture Census, there were some 435 farms in the county and a market value of nearly $360 million of agriculture items produced in Genesee County, with more than $193 million of that being milk-related products sold and $11 million from farm-related sources. 

Cummins emphasized that point, as “our industry touches so many things,” she said. 

“You can say you drive by cornfields, and we're blessed in this area where we've got a bunch of dairy farms, and we grow more than just your row crops. We grow a bunch of vegetables and fruits in this area. So we're blessed to sort of be a grocery store in our own backyard,” she said. “And this recognition, I think, really helps bring attention to the things that the men and women in the ag community do. And then the support roles that are able to exist because of that: the one-off businesses, the farm credits, the input suppliers, the machinery dealer is here. You know, there's so many other jobs that the agriculture industry, the farms support that we're really lucky to have in this county.”

New York State has mandated cumulative labor law changes for farm workers, reducing the number of overtime hours each year until it reaches a maximum of 40. 

How are farms dealing with this?
“I think people will make adjustments as they see fit for their own labor force, whether that means they're cutting back overtime hours or trying to change how they're managing their labor force. But when you have a somewhat tumultuous economy that's very volatile in terms of crop pricing, and what we're getting for grain, certainly what you're seeing in the milk market right now when we have these labor issues, it’s just another variable to try to solve for when things may already be difficult,” she said. “So even in good times, this is a hard problem to solve, for labor is a big issue in this area, specifically because of the crops that we grow. Seasonal help doesn't help a dairy farm. And seasonal help may be useful if you're harvesting onions or a more labor-intensive crop like cabbage, just to name a few. 

“And there are certainly programs in place that help get labor here, but they're not perfect by any stretch. So there there are some challenges. And I can only speak for the operations that I have seen. There's some questions that need to be answered. But it's a tough thing to implement,” she said. 

You have said that you're not serving as the official spokesperson for all issues, but what can you say on the record about the current immigration issue and its effect on farm labor and related challenges?
“Labor challenges, like the overtime law, do impact us at a state level in terms of competing to attract labor to come work in our state when you've got Pennsylvania that doesn't have the same restrictions," she said. "So somebody who was willing to do the same work here or in Pennsylvania can make a heck of a lot more money there. They're gonna go where the money is. So we are at a competitive disadvantage.”

And because farmers are likely going to have to pay more and do less with what they’ve got for labor hours, she said, “maybe that means our cost of production goes up.”

“And that's another financial obligation and challenge that we have to solve,” she said.

Are farmers tempted to begin the planting process with temperatures climbing already in mid-March?
“This early spring sure makes it tempting. I think we heard that (at) our county meeting last night. I think it's pretty tempting to try to get your green peas in, whether they like that cold, cool weather and wet weather, we've certainly got it right now. But what an opportunity for a dairy farm to be able to go out and spread manure early and not have to worry about dealing with holding it until the weather really breaks,” she said. “So, a great opportunity for people to get out in the field and start and advance, getting ahead of that spring chore of fitting the fields and getting the ground ready and getting your equipment pulled out of the shop. But the fact that it's mid-March feels a little early, but it's it feels a lot later.”

The county Legislature presented Cummins with a proclamation to celebrate Agriculture Month — with good timing, given that the 20th annual Celebrate Agriculture Dinner is this weekend. Cummins also considers that event, meant to highlight the local bounty that goes into the dinner menu, in and of itself “truly an accomplishment.” 

Legislator Christian Yunker, a member of the farming community himself, read the proclamation:

WHEREAS, Agriculture Month is celebrated each year in the month of March. This serves as a time to recognize and appreciate the vital role that agriculture plays in our local communities, and

WHEREAS, Genesee County’s designation of an agricultural district consisting of vast, rich lands necessary for the 176,887 acres of farmland and 141,047 acres of cropland, and

WHEREAS, Genesee County farmers, ranchers, and community members involved in agriculture work tirelessly to ensure that the production of food, dairy products and other essential foods contribute to the well-being and prosperity of our residents, and

WHEREAS, according to the Agriculture Census in 2022, there were approximately 435 farms within Genesee County which produced $359,698,000 market value of agriculture products sold, which $193,820,000 being milk related products sold, and the total income from farm related sources were $11,105,000, and

WHEREAS, quoted by President George Washington, “Agriculture is the most healthful, most useful and most noble employments of man”, and

WHEREAS, Agriculture Month provides an opportunity to raise awareness about the importance of sustainable and responsible farming practices, as well as the need to support and promote the agricultural industry in Genesee County and encourage young people to consider agriculture as a career. Now, therefore, be it

RESOLVED, that the Genesee County Legislature recognize and fully supports the agriculture industry and urges the community to thank a local farmer for providing an abundance of healthy food and dairy products in Genesee County. As it has been said, “Farmers are our first environmentalist as they steward the land”. Be it further

RESOLVED, the Genesee County Legislature does hereby proclaim the month of March as Agricultural Month, a time to promote and celebrate the contributions of Agriculture.

The nonprofit ARC, established to assist individuals with intellectual, emotional, and developmental disabilities, merged the two smaller entities of Genesee and Orleans with Livingston and Wyoming in the fall of 2021 to create Arc GLOW.

Board President Cheryl Englert expressed her thanks for the Genesee County Legislature’s support of the agency during a presentation this week in honor of Developmental Disabilities Awareness Month.

"As a parent of a young man who is served by Arc GLOW and a long-term member of the Board of Directors, I want to thank you for our partnership. My grandparents came from Batavia, so coming back to Batavia is coming home. And so when we merged as one organization, it felt good to have my ancestry honored, and my son honored too, so I'm very glad to be part of the organization that works with you,” Englert said Wednesday in the legislative chambers. “And I'm pleased that our partnership, that we work together, and our community is accepting of our folks in all the programs we do, and I appreciate every one of you for supporting us now and in the future.” 

Legislator Brooks Hawley read the proclamation given to Arc GLOW:

WHEREAS, people with a developmental disability are of all racial, ethnic, educational, social, and economic backgrounds, and all are valued members of society who find fulfillment living everyday lives, and

WHEREAS, we value what is important to people with disabilities and their families who are striving for daily lives no different than that of all other citizens, and

WHEREAS, early intervention, education, meaningful work, and home and community- based services continue to be vital to allowing citizens with a developmental disability to enjoy the rights of citizenship, achieve personal success and allows them contribute to their local communities alongside their neighbors without disabilities, and

WHEREAS, Genesee County Legislature recognizes the many accomplishments and contributions of people with developmental disabilities, we encourage all citizens to support Genesee County residents with developmental disabilities and their families in all aspects of life. Now therefore, be it

RESOLVED, that the Genesee County Legislature does hereby proclaim March 2024 to be Developmental Disabilities Awareness Month and urges all citizens to give full support to efforts towards enabling people with developmental disabilities to live full and productive lives of inclusion in our communities.

Each situation is weighed individually when a school employee is arrested, City Schools Superintendent Jason Smith told The Batavian in response to a query about the apprehension of a teacher and her husband on March 2.

Both are charged with resisting arrest, and the husband, Aaron Fix, 50, is accused of assaulting a police officer.

Fix has been a volunteer assistant varsity football coach and was the head coach of the flag football team. He resigned from that position following his arrest, Smith said.

Kristen Fix, 49, is a teacher at Robert Morris, which Jackson Primary School administers.

"Many factors are considered in determining how school districts respond to an employee’s arrest, including the nature of the charges, whether and to what extent the charges/conduct are related to the school/students, whether the employee has any prior discipline or related conduct, whether the employee is cooperative in sharing information related to the arrest, among others," Smith said.

He added, "Each matter is reviewed on an individual basis, consistent with applicable provisions of New York State Law and the collective bargaining agreement."

He did not directly address Kristen Fix's status, the status of any investigation, or how the district is proceeding in this individual case.  

While Kristen Fix has been charged, she has not been convicted of any crime. Her case is pending in City Court, and her next scheduled appearance before Judge Andrea Clattenburg is April 4.

While a matter is under review, under state law, it is a personnel issue. When there is disciplinary action against a government employee, it is generally public record.

The incident involving the Fixes began at 10:22 p.m. on March 2 with a traffic stop by Deputy Zachary Hoy in the area of 561 East Main St., Batavia. 

According to a report by Hoy obtained by The Batavian from City Court, Kristen Fix was driving a vehicle that was observed moving out of its lane of travel, almost striking a curb, and stopping in the middle of the roadway.

Kristen was charged with DWI (first offense), resisting arrest, obstructing governmental administration in the second degree, moving from lane unsafely, and unlicensed driver.

The resisting arrest is based on an allegation that she walked away from officers while being advised she was under arrest.

On the report for refusal to submit to a chemical test, the section listing evidence of alleged impairment includes being "abusive."  

Aaron Fix is charged with assault in the second degree, resisting arrest, criminal mischief in the fourth degree, and obstructing governmental administration in the second degree.

Based on court documents, Aaron is accused of interfering with the arrest of Kristen. He allegedly got in and out of the vehicle multiple times.

He is accused of resisting arrest by stiffening his arms when officers attempted to place handcuffs on him.

He is charged with assault in the second degree with intent to injure an officer based on alleged injuries sustained by Officer Andrew Mruczek.  Mruczek reportedly sustained injuries on his neck and the right side of his forehead.

The charge of criminal mischief is based on an accusation that Aaron intentionally damaged Mruczek's uniform collar brass.

Aaron's next court appearance is scheduled for April 17 before Judge Durin Rogers.

The Department of Energy has awarded grants totaling $75.7 million to Plug Power, the Latham-based green hydrogen power company currently constructing a production facility in WNY STAMP in the town of Alabama.

The funds are part of a $1 trillion infrastructure bill approved by Congress and President Joe Biden in 2021 and are intended to help with research and development of hydrogen fuel production.

The company has also applied for a $1.6 billion low-interest loan from the DOE. That loan is apparently still under consideration.

Plug Power is betting that hydrogen power will become a big winner in the race to develop clean, renewable energy to sustain the economy and protect the environment in the coming decades. The Latham-based company specializes in "green hydrogen," which is the generation of hydrogen fuel using renewable energy sources such as solar and hydropower. An apparent attraction of WNY STAMP is the ability at that location to tap into hydropower generated by Niagara Falls.

Plug Power aims to provide customers with fuel cells, electrolyzers (splitting water into hydrogen and oxygen), to liquid hydrogen fuel. Plug Power wants to provide distribution, delivery, and services and foresees a future for hydrogen that includes uses such as long-haul trucking.

Plug Power's executives have set ambitious goals -- producing 2,000 tons of hydrogen daily by 2030. At that rate, the company hopes to generate $20 billion in annual revenue at that point with a profit margin of at least 30 percent.  

“The Bipartisan Infrastructure & Jobs Law is helping supercharge Upstate NY’s clean hydrogen sector. With this federal funding, Plug Power and other cutting-edge companies will be able to increase production capacity and spark new innovation to reach the next frontier of clean hydrogen manufacturing and research, all while supporting good-paying clean energy jobs and boosting the fight against climate change,” said, Sen. Charles Schumer. “Clean green hydrogen is one of the most exciting forms of new energy production, and with the major federal investments being made thanks to the Bipartisan Infrastructure Law and Inflation Reduction Act I championed, Upstate NY is poised to lead the way in powering America’s clean energy future.”

The grants are divided into two components.

The company will receive $45.7 million for the following project description:

The goal of this project is to establish and implement automation capabilities within our high-performance PEM stack manufacturing facility in Rochester, New York capable of producing 5,000 1 MW stacks per year.

This project will scale up manufacturing of proton exchange membrane electrolyzer stacks to the multi-GW scale, driving down costs to meet DOE targets. This project will automate membrane electrode assembly fabrication and stack assembly and enable automated inspection with machine learning to accelerate factory acceptance testing.

The project description for the second grant, $30 million:

This project will demonstrate a production pathway to meet a projected 2030 system cost of $80/kW for 100,000 heavy-duty fuel cell systems per year and automate the manufacturing of high-performance, low-defect membrane electrode assemblies in collaboration with the National Renewable Energy Lab.

The project will demonstrate an innovative expansion of their current manufacturing line.

“We are very appreciative and excited about the DOE's clean energy manufacturing initiatives and their profound impact on propelling Plug's industry-leading manufacturing capabilities in fuel cell and electrolyzer MEAs (Membrane Electrode Assemblies) and stacks," said Andy Marsh, CEO of Plug. “Congress enacted these policies to advance hydrogen and fuel cells as vital components of the United States’ climate strategy.  This funding will advance Plug’s fuel cell and electrolyzer manufacturing capabilities, create good paying jobs in New York, and fortify the region’s leadership in the national clean energy transition.”

The company selected WNY STAMP for the construction of a liquid hydrogen plant in February 2021.  The plant will cost more than $290 million to complete. 

Plug Power expects to generate 74 tons per day of liquid hydrogen at its WNY STAMP plant. The company recently opened two new production facilities in Georgia and Tennessee, and the WNY STAMP plant is expected to open in early 2025.

Empire State Development is scheduled to pay up to $2 million in Excelsior Tax Credits in exchange for the creation of 68 jobs at the plant, or about $2,941 per job per year over 10 years. Plug Power is not eligible to receive the tax credits until the jobs are filled. The average starting salary is expected to be approximately $70,000 plus benefits.

As part of the project, Plug Power agreed to invest $55 million in a 450-megawatt electrical substation that will make electricity available to other WNY STAMP tenants.

The company received $118.2 million in sales and property tax exemptions from the Genesee County Economic Development Center. Over the 20-year life of the property tax extensions, Plug Power will make payments in lieu of taxes totaling $2.3 million annually, which will be shared by Genesee County, the Town of Alabama, and the Oakfield-Alabama School District.  Each jurisdiction will also receive an increasing amount of property tax payments each year over the life of the agreement.

In accordance with Security and Exchange Commission Rules, Plug Power disclosed in November that a shortage of cash threatened its ability to remain a "going concern" within the following 12 months.  It suggested it could raise more cash by selling stock and that the company expected to receive a sizable loan from the Department of Energy.

Since then, Plug Power authorized B. Riley Securities to offer additional public shares of the company for sale at market rate with the goal of raising an additional $1 billion in capital.  That agreement was announced in January.  Since then, it has reportedly sold 77,417,069 new shares of stock, raising more than $300 million in cash. The company is continuing to sell new shares with a goal of selling another $700 million in 2024.

On Monday morning, the company announced its fourth quarter 2023 results and that it has removed its "going concern" guidance, stating, "The Company has determined it has sufficient cash on hand coupled with available liquidity to fund its ongoing operations for the foreseeable future."

It also announced record revenue of $891 million for the year, a 27% increase over the prior year.

However, the company continues to lose money and has never turned a profit, which, 25 years into its existence, continues to spook investors. After the Q4 report was released on Monday, the price per share of the company's stock dropped 17 cents and closed at $3.37. It hasn't traded above $5 since November. In early 2021, it was trading for more than $60 a share.

For previous Plug Power coverage, click here.

A GoFundMe campaign has been set up to assist the family of Sgt. Thomas Sanfratello, who died in the line of duty on Sunday.

The Deputy Sheriff's Association organized the campaign and will ensure the money is distributed to the family. The Batavian confirmed that this is a DSA-backed fundraiser.

The association set a goal of $50,000. More than $8,000 has been raised so far.

To donate, click here.

Press Release:

Genesee Cancer Assistance will hold its Annual Spaghetti Dinner on Thursday, April 25. The event is held in memory of Joe Gerace, who was a valued and dedicated volunteer to the organization for many years. 

This will be a Dine-In or Take-Out event held at Ascension Parish Hall, 17 Sumner St., Batavia. 

The menu will include spaghetti and meatballs, salad, bread, and dessert. Tickets are $15 each. There will also be raffles, including wine & chocolate baskets, with tickets available for purchase.

Pre-sale dinner tickets are available online at www.geneseecancerassistance.org, from any Board member, or through the office by calling (585)345-0417. Pre-sale tickets are suggested but not required.

Press Release:

Congresswoman Claudia Tenney (NY-24) and Congressman Nick Langworthy (NY-23) today sent a letter to New York Governor Kathy Hochul raising serious concerns about her administration’s Migrant Relocation Assistance Program (MRAP) which seeks to move migrants from New York City to Upstate New York and Long Island Communities, including Erie and Monroe Counties.

​​“Instead of reversing these disastrous policies, your administration has chosen to export the crisis in New York City to Upstate communities, such as those in Erie County and Monroe County. Law-abiding New Yorkers should not have their safety placed in jeopardy because of radical policies allowing unvetted individuals to cross our borders at will. While many of these individuals are allowed to stay here as “asylum seekers,” the facts show that the overwhelming majority of asylum claims are found to be illegitimate when adjudicated,” the lawmakers wrote.

The lawmakers continued, “We continue to urge you to reverse the disastrous immigration policies that have been implemented by your administration and the New York State Legislature.”

Tenney and Langworthy demanded answers to the following questions from Governor Hochul by March 25:

• How many individuals have been relocated to Erie County or Monroe County under MRAP?
• How much have the relocations to Erie County and Monroe County cost taxpayers?
• How is your administration vetting the individuals selected to participate in MRAP? Is part of this vetting an evaluation of the legitimacy of their asylum claims or a criminal background check?
• How is your administration ensuring the safety of American citizens in Erie County, Monroe County, and the surrounding counties with the influx of these individuals with unproven asylum claims?
• How is your administration ensuring that these individuals show up to their court dates and do not evade the law?

While a narrative of events at Batavia Downs early Sunday morning that led to the death of Sgt. Thomas A. Sanfratello was shared at a press conference on Wednesday, the 32-year veteran of the force was remembered as a great co-worker, good friend, and loving father.

Sheriff William Sheron said, "Wow. Unbelievable person. I have known Tommy since he began. He was just an incredible human being. He was always there for everybody else. He had many important functions here in the department. He ran our civil department. He was on the State Sheriffs Association accreditation programs as an assessor. He oversaw our Darien Lake details. As you know, we have had many, many concerts out there and many, many thousands of people. He ran them flawlessly. Tommy was one that we counted on, and any time he was involved, we knew we didn't have to worry about anything."

He added later, "Tommy never said, 'No.' If you needed something, Tommy was there. It didn't matter who you were or what time of day or night it was; if he could help you, he would help you. The guys could always use them as a resource, too, you know. If they had something they weren't quite certain of, 'Okay, let's ask Tommy. Tommy will know.'"

District Attorney Kevin Finnell said, " I'd like to add that I also have known Tom since he first hit the road. We talked on a regular basis about cases and issues. He'd often call and say, 'I think I know the answer, but he always did. He never lost his enthusiasm for the job and for what he did. He was a very, very good police officer, and he was a better man. So we will all suffer a loss for a long time to come. We will miss him dearly. I'd also like to express my thanks for the community support thus far, the outpouring of support, not only for the Sanfratello family, but in the assistance of this investigation."

Batavia Police Chief Shawn Heubusch said, "Tommy was a resource for every law enforcement officer in this county, not just within the sheriff's office. I mean, I personally called Tom on many occasions to ask for advice on something, whether it dealt with a civil matter or whatever. And he never said no. He always answered his phone. He was one of the first guys that I ever met when I got to Batavia. He was just a great guy, and, you know, just a snippet from the videos before this encounter occurred, Tom was talking to people within the casino, and he's smiling and laughing with them. I mean, that's just Tom's personality."

Sanfratello's son, Ian Sanfratello, closed out the press conference by reading a written statement that concluded, "I want everybody to know my dad. My dad was one of a kind. An amazing dad, son, brother and co-worker. He loved my sisters, Lexi and Kyla with all of his heart and he loved to spend time with us. I know we will all cherish the memories we have with him. He will never be forgotten. He will be missed immensely by all who had the chance to not only know him but also talk to him. And he will always be loved."

The press conference opened with Undersheriff Bradley Mazur and Heubusch recounting the events of Sunday morning at Batavia Downs, beginning with the call of a disturbance in 34 Rush, one of the bars in the casino, at 12:43 a.m.

Mazur said there were two individuals involved.  Wait staff had refused further drink service to both patrons. They were asked to leave. Sanfratello was escorting the female out of the casino when she became combative. She hit the sergeant, he said. She was taken into custody.

The male defendant, who had apparently exited the casino, returned to the lobby and "a physical struggle ensued with the male defendant.

Sanfratello radioed for assistance. Patrol units from the Sheriff's Office, Batavia PD, and State Police responded.

Mercy EMS also responded.

Civilians and Batavia Downs security staff became involved in the struggle to restrain the male defendant. 

"Initially, a single Batavia police officer began heading towards the Downs to assist sheriff's deputies as needed," Heubusch said. While en route, further radio transmissions indicated that CPR was in progress, and yelling and screaming could be heard in the background."

Upon arrival, the officer observed a male and female in custody but reported that they continued to "violently struggle" with officers.

Attempts to revive Sanfratello were unsuccessful, and later, a Genesee County Coroner pronounced him dead.

Criminal investigators from the Sheriff's Office responded, as did command staff from the departments. After further consultation, the investigation was turned over to Batavia PD.

"This is an ongoing investigation and the casino was very busy that night," Heubusch said. "We're asking anyone who may have witnessed this incident and or may have digital evidence -- videos or photos -- to contact our detective bureau."

The press conference was then opened to questions from the more than a dozen members of local and regional news organizations present.

Heubush was asked to elaborate on the struggle with the defendants.

"They were resisting arrest," Heubusch said. "It's obvious in the videos that the subjects were not going into custody without a fight. So, they were physically resisting arrest very violently."

What were they doing specifically?

"I can't get into the details of what that was," Heubusch said. "But the video demonstrates that they resisted arrest violently."

On the arrest report, the charge for aggravated manslaughter includes mention of a "deadly weapon."  Asked if that was statutory language or if the chain is being considered a deadly weapon, Finnell said, "It's a statutory language, but the chain is the focus of that language."

Heubusch was asked to further explain the use of the "metal chain" (the term used in the charging documents) allegedly deployed by the defendant.  The police department later put out a statement clarifying that it was a piece of jewelry. 

"During the altercation, you can see one of the defendants, the male defendant, remove a large piece of jewelry from around his neck, a chain or a thick metal rope that was used during the struggle," Heubusch said. I can't get into the details of what happened with that, but it was used as part of the attack."

Heubusch confirmed that the defendant used a chokehold against Sanfratello.

He was asked if the defendant swung the chain to strike Sanfratello or if the defendant wrapped the chain around his fist and hit Sanfratello.

"I can't get into those types of details. That's part of the investigation," Heubusch said.

Asked if the defendants submitted to blood tests for drugs or alcohol, Finnell said, "There's been no direct blood testing that I know of. It's procedure for the jail to do a screening for drugs and alcohol (at intake). My understanding is they were not initially cooperative with that process; however, they may have ultimately done that."

In response to a question, Finnell said an autopsy has been completed, but the report has not been delivered.

In response to a question about the apparent ongoing struggle with the defendants after other officers arrived on scene, Heubusch said he is not aware of any other officers being injured.

Asked who performed CPR, Batavia Downs security staff or civilians, and who assisted in subduing the defendants, Heubusch said, "There were several members of the Batavia Downs security staff as well as bystanders who were both performing CPR on and off as well as holding the defendants down to help us get them into custody."

Finnell left open the possibility of additional charges once the investigation is completed.

On Tuesday, the judge in Town of Batavia Court issued several orders of protection for members of the Sanfratello family, including a bar on third-party contact.

Asked if friends and family of the defendant had made threats against Sanfratello's family, Finnell said, "I have been advised that there were some statements made, the content of which or the degree of the statements themselves, I'm not aware of, but they were sufficient for us to ask for orders of protection, more of as a prophylactic measure to make sure that there's no contact." 

Sheron said the Sheriff's Office has had an agreement with Batavia Downs to provide uniformed officers for additional security on weekends as "a deterrence."  He said there had been no issues at Batavia Downs that prompted the request or made it necessary.

"We've had minimal complaints," Sheron said.  "Nothing, ever, to this extreme or fights."

During the Q&A, Heubusch again urged news outlets to inform the public that investigators are seeking video and photos of the incident.

"There's a ton of video in the casino," Heubusch said. "With the cooperation of Batavia Downs, we did get all of that into our possession. However, any video that we can get from any angle is important to us in identifying potential witnesses and other actions that may have occurred outside of the cameras of the casino itself. It is extremely important to us to be able to identify anything else that's out there."

While leaving the Town of Batavia Court on Tuesday, the defendant told a group of friends and family, "My life over."

Asked if that is an admission of guilt and whether the statement could be used against him, Finnell said, "Any statement he makes spontaneously, whether it's in the course of the crime or his detention thereafter, including in court, can be used, in my opinion, should it become relevant later at trial."

In response to a follow-up, he said, "I would consider that an admission that he has done something that he regrets deeply."

In his closing statement, Ian Sanfratello thanks the community who has reached out to his family and offered support, condolences, and dropped off food.

He said he also wanted to address reports that some members of the defendants' family have been harassed or threatened on social media.

"I know my father would not want any threats of any kind being made to the family of the suspects and to the suspects themselves," Ian said. "He would know that justice will be served in the correct way."

Previously:

• Sheriff's Office sergeant dies in the line of duty while trying to make arrest at Batavia Downs
• Batavia man charged with manslaughter in death of Sheriff's Office sergeant during confrontation at Batavia Downs
• Court documents say Elmore used chains to beat officer, placed him in a chokehold
• Funeral services announced for Sgt. Thomas A. Sanfratello
• DA explains status of criminal charges against man allegedly involved in death of Sheriff's sergeant
• Clarification and Correction: 'thick piece of jewelry' allegedly used in attack on officer
• Man accused in death of Sheriff's sergeant tells friends and family, 'my life over'
• Photo: Patrol vehicle parked at Sheriff's Office in honor of Sgt. Thomas Sanfratello

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Press Release:

On Thursday, March 7 the curtain rose on the sold-out run of Byron-Bergen Drama Club’s presentation of “Beauty & the Beast”. More than just a replica of Broadway, the Drama Club created a uniquely local presentation with original costumes and set pieces, including a wood-chopping machine designed and built by the High School Technology Club. 

They also included several references to local businesses and humorous cast interactions such as a student actress facing off against her real-life father during the battle for the enchanted castle.

From the imaginative shadow puppet narrations to the enchanted cheese grater, the Drama Club had the audience completely under their spell.

The young cast was anchored by seniors HannahRae Amador, Aurora Hiscutt, Malachi Smith, pit band percussionist Quintin Rich, and numerous experienced performers from last year’s presentation of “Hairspray”. Amador supported the village and castle ensembles both as an enthusiastic pub manager with a Viking helmet and wicked pirouette as well as a feisty coatrack, not afraid to defend the castle with loud whistles and impeccable comedic timing.

Hiscutt joined Gianna Graff, Katherine Rogoyski, and Genevieve Smith as the hysterical quartet of “silly girls” swooning after the vain and villainous Gaston. Hiscutt is a team player, bringing beautiful harmonies, giggles, and shrieks to the quartet as well as stepping out into the spotlight for solo work.

Rich, the only student-musician in a pit band full of seasoned professionals, kept the beat rolling from curtain to curtain including an epic three-minute drum solo of his own composition which acted as the lone score for the castle battle scene.

M. Smith took on the title antagonist turned hero, cursed into a monstrous appearance and racing the clock to return himself and his enchanted household to human form. He balanced Beast’s fierce roar and explosive temper with soaring tortured ballads, highlighting his skilled vocals. M. Smith impressed both with his physical acting as he single-handedly battled a pack of acrobatic wolves and with the tenderness that transcended his claws and prosthetic headpiece during his interactions with Belle.

Sophomore Gianna Clark is masterfully expressive, creating a Belle who was more than just an avid reader, but whose affection for her father and enchanted friends was as real as her ever-growing contempt for her supercilious suiter, Gaston. Clark’s vocal performances showed not only her range and precision as a singer, but her talent for living the character through song.

Gaston, played by Sophomore Roman Smith, at first seemed nothing more than an arrogant buffoon with silly one-liners about his thighs, but R. Smith unleashed flashes of Gaston’s cruelty, which peaked as he and his sidekick Lefou whipped up a frenzied mob of townspeople to storm the Beast’s castle. Lefou, played by 7th grader Teagan Williams, demonstrated his talent for physical comedy in a performance full of pratfalls, spills, and some truly astonishing choreography which he nailed while also belting out lead vocals in the pub scene.

The enchanted castle is staffed by a cast of magical objects with personalities as huge as their dance numbers. They were led by key performers Rylee Burch (9th grade), Abby Cook (11th grade), Bradley Pocock (10th grade), Michael Rogoyski (8th grade), and Jade Wolff (11th grade).

Burch took the role of Madame de la Grande Bouche, an opera performer turned wardrobe whose commanding soprano melodies were as graceful as the unexpected ease with which she handled the complex choreography, as a large piece of furniture. Abby Cook doubled as Babette, the feather duster, and a primary dancer in several villager scenes. 

Also, as a Dance Captain, Cook’s fancy footwork brought energy to the dance numbers and helped maintain the storyline of ongoing flirtation with the debonaire candelabra, Lumiere played by Pocock. 

Pocock was effervescent, delivering over-the-top puns and punchlines in a rococo suit and powdered wig. His scene-stealing levity was in sharp contrast to the curmudgeonly clock, Cogsworth, played by Rogoyski. 

Rogoyski nailed the strait-laced, “tightly wound” timepiece with a pompous but good-natured air and bursts of hilarity and sincerity that brought the character to life. 

Wolff rounded out the troupe, literally, in a huge, willow-patterned hoop skirt, taking on the role of Mrs. Potts, the teapot. Wolff delivered charm, personality, and the iconic title solo. Her smooth, dynamic vocals set the scene for Belle and Beast to fall in love.

The supporting cast of villagers and enchanted objects brought depth to the musical as each performer embodied unique characters such as the baker, pin cushion, farmer, potted plant, tailor, or chandelier. The ensemble pulled in the crowd, filling the stage with energy during the epic musical numbers such as Belle’s opening stroll through town, “Human Again”, and the showstopping “Be Our Guest”. 

The stage crew, led by Estelle Dumuhosky and Maryn Meier, also played a pivotal role in moving the story seamlessly from village to castle and through to the storybook ending.

The Jr./Sr, High School students were joined by several elementary school students who danced their way through “Be Our Guest” as forks, spoons, and dinner mints. Third-graders Austyn Krol and Naylee Robinson share the role of Chip, the teacup. Both young ladies deliver energetic and adorable performances. Also joining the cast are 6th Grade Teacher Ken Rogoyski as the lovable, zany Maurice and Aaron Burch as the menacing asylum manager, Monsieur D’arque.

Byron-Bergen’s production of “Beauty & the Beast” was directed by Alyson Mercedes Tardy, musical direction by Joe Paris, pit band direction by Kevin Bleiler, and choreography by Solange Rodrigues. Congratulations to the cast, crew, staff, and volunteers.

After years of wanting to host a memorable event to connect the Eli Fish Brewing Company name to this community’s fun-spirited nature, it looks like this will be the year, brand manager Kaeli LaFrance says.

The Fish Race will commemorate the downtown brew restaurant’s sixth anniversary and pit up to 16 teams of four people each in a silly relay foot race around the block of Jackson Square on March 23. 

“They are teams of four, and one has to be a woman. They will pass a fish they have to carry with both hands, so we’re thinking it’s a giant salmon. We want people to come out and celebrate with us. It’s one big day we want to celebrate with the community and help us with our growth and a salute to years to come. 

“A fish race is something the owners have wanted to do for years. Since they hired me this year, they said, ‘We want to do this.’  And it's been crazy, but it's going to be so worth it the day of,” LaFrance said. It’s part of the gag joke, this silly thing. We’re a brewery, and it’s something that’s fun and different. We plan on doing it every year. Next year, we can expand from it.” 

Each team has to pass off the fish to its members at relay points on the route from Jackson, School and Center streets with Jackson Square being the central landing zone. 

Beats and Beers will feature DJ Lagerhythms — and head brewmaster — Adam Burnett beginning at 2 p.m. on the patio, and the race is set for 4 p.m. There will be five heats, and the fifth heat will put the finalists against one another for the grand prize of four Mug Club memberships for the 2024 season. 

The entry fee is $40 per team and includes eight drink chips and team T-shirts. 

There will be live music inside Eli, with Josh Hawkins from 2 to 4 p.m. and Grizzwoode from 5 to 7 p.m. The DJ will be in the Square for the day as long as people want to hang out, she said. 

Teams can sign up online and will be accepted up to the day of event, up to a maximum of 16 teams.

Also, on that day, Eli will feature a Custom Charcuterie Class & Beer Pairing from 1 to 3 p.m. It's the “ultimate gourmet experience” of a guided custom grazing board with Cheese by April and a brewer at Rusty Nickel. All of the ingredients are “fresh and expertly curated with our craft beer,” and the experience comes with a custom Eli Fish wooden cheese board made by Nickel City Woodworking, LaFrance said.

Tickets for this event are also available at Eli Fish.

City Council made it official Monday for Ryan Duffy to establish his second office to be at City Hall.

Duffy, executive director at Holland Land Office Museum, will take the helm as city historian now that former historian Larry Barnes resigned the post at the end of 2023. 

Why does he want to take on this secondary set of responsibilities?
“The nice thing is that it's similar to my regular job. So it's not a huge transition to just do it over here, as well. So I look at it as just adding on to my duties, really,” Duffy said after council’s business meeting at City Hall. “I write columns all the time. But I also deal with genealogy requests and things that city and municipal historians deal with. So a lot of the duties I perform, is a seamless transition. It's just working with a new collection, really. 

What’s your favorite part about working with history?
“My favorite part, I went and studied history to study history. And the research aspect is always something I've enjoyed probably the most,” he said. “And I don't always get to do it all the time at the museum, at least in the same capacity. So it was a way to be able to do that but still dealing with something that I'm pretty passionate in, and know quite a bit about.”

Why is there a city historian?
The Arts and Cultural Affairs Law of New York State mandates that there be a city historian, and the position is appointed by City Council. Duffy’s term is for four years, effective immediately, according to the resolution approved during Monday’s business meeting.

Duffy was uncertain how many hours he’d actually be putting into the job, which is paid $5,000 annually. That wasn’t always the case, and for most of Barnes’ 16 years in the post, he was an unpaid volunteer. A push that began with former management and council led to the stipend in 2023. 

The city historian’s office is located on the second floor of City Hall next door to council chambers, where filing cabinets are filled with research materials. During his terms, Barnes authored four books about various city topics, and Duffy isn’t certain just yet what he might " deep-dive” into. He is open to requests and questions, he said.

“I know there'll be ways to get in contact, even if I'm not here. So I welcome everybody to get in touch with me if they need something. Once I get settled in, I'll do my best to start combing through things and getting the history of Batavia out there,” he said. 

The main number for City Hall is 585-345-6300.

Previously:

• Sheriff's Office sergeant dies in the line of duty while trying to make arrest at Batavia Downs
• Batavia man charged with manslaughter in death of Sheriff's Office sergeant during confrontation at Batavia Downs
• Court documents say Elmore used chains to beat officer, placed him in a chokehold
• Funeral services announced for Sgt. Thomas A. Sanfratello
• DA explains status of criminal charges against man allegedly involved in death of Sheriff's sergeant
• Clarification and Correction: 'thick piece of jewelry' allegedly used in attack on officer
• Man accused in death of Sheriff's sergeant tells friends and family, 'my life over'

As he left Town of Batavia Court on Tuesday afternoon, Michael J. Elmore, accused of actions at Batavia Downs on Sunday morning that led to the death of Sgt. Thomas A. Sanfratello shook his head "no" and told a group of friends and family members, "My life over."

"I love you, bro," somebody responded.

He could then be heard in the back of the patrol car sobbing.

As is standard for an initial arraignment in court, the defendant entered a not-guilty plea.  Elmore is scheduled to return to court at 1 p.m. on April 9 for further proceedings.  He is being held in the Monroe County Jail on $100,000 cash bail. His case is likely to go to a grand jury and eventually be transferred to Genesee County Court.

Assistant District Attorney Joseph Robinson said District Attorney Kevin Finnell will be leading the prosecution on the case. He said the investigation is ongoing, and the people are not yet ready to hand over evidence (called discovery) to the defense. 

Attorney Joseph Lobosco has been assigned to represent Elmore.

The courtroom was filled to near capacity with Sanfratello's family members and members of the local law enforcement community, including Sheriff William Sheron, Undersheriff Bradley Mazur, Deputy Chief Joseph Graff, and Deputy Chief Brian Frieday.

Elmore is charged with aggravated manslaughter in the first degree, a Class B felony, aggravated assault upon a police officer, a Class B felony, and burglary in the second degree. The manslaughter charge is based on alleged intent to cause serious physical injury. The aggravated assault includes an allegation of using a deadly weapon. The burglary charge includes the alleged use of a dangerous instrument. 

The charges stem from an incident early Sunday morning, at 12:43 a.m. Sanfratello responded to a report of a disturbance in a bar at Batavia Downs.

There, Sanfratello confronted Lyndsey Jean Wilcox, 39, of Batavia and ordered Wilcox to leave the building. While being escorted out, she allegedly became combative with Sanfratello. Court documents state that she hit Sanfratello several times with the intent to injure him. 

At some point during this confrontation, Elmore reportedly became involved.  He was told to leave the casino and did leave, according to court documents, but "immediately" returned with "chains" in his hands. The police now describe these chains as "a thick piece of jewelry or necklace commonly worn around one's neck."

Elmore is accused of striking Sanfratello in the face and neck with the piece of jewelry and of getting Sanfratello in a chokehold.  At some point, according to an initial police press release, Sanfratello deployed his taser. While struggling with the suspect, Batavia Downs security officers and civilians attempted to assist him.  He became unresponsive. CPR was performed.  He was later pronounced dead by a county coroner. 

Wilcox is charged with burglary in the second degree, a Class C felony, and attempted assault in the second degree, a Class E felony. 

She appeared in court later Tuesday afternoon, but The Batavian was unable to attend her hearing.

The cause of Sanfratello's death has not been released. There are unconfirmed reports that he suffered some sort of medical issue.

Elmore has a lengthy arrest record. In 2009, he was accused of shooting a teen with a BB gun at the former skate park in Batavia. In 2012, he was charged with disorderly conduct following a fight on State Street. He was charged with a burglary at Sherwin-Williams in 2013. In 2015, he was accused of sending threatening texts to another person. He also has a prior history of tangling with law enforcement. He was charged with obstructing governmental administration during an incident in 2022 at the former Days Inn. In 2022, he was also accused of slashing tires on vehicles.

Previously:

• Sheriff's Office sergeant dies in the line of duty while trying to make arrest at Batavia Downs
• Batavia man charged with manslaughter in death of Sheriff's Office sergeant during confrontation at Batavia Downs
• Court documents say Elmore used chains to beat officer, placed him in a chokehold
• Funeral services announced for Sgt. Thomas A. Sanfratello
• DA explains status of criminal charges against man allegedly involved in death of Sheriff's sergeant
• Clarification and Correction: 'thick piece of jewelry' allegedly used in attack on officer

Press release:

The City of Batavia Police Department is seeking assistance from the public in gathering digital evidence from the incident that occurred at the Batavia Downs on March 10, resulting in the death of Sgt. Thomas Sanfratello. 

Anyone with video or other digital evidence is asked to provide it to the Police Department using the link below, or by scanning the QR code.

https://bataviapdny.evidence.com/axon/community-request/public/10march2024bataviadownsincident 

Anyone with questions regarding this process can contact Detective Eric Hill at 585-345-6373. We thank the public in advance. 

Previously, The Batavian reported that a "metal chain" was allegedly used by Michael J. Elmore during an attack on Sgt. Thomas A. Sanfratello early Sunday morning at Batavia Downs.

Batavia PD has issued a statement clarifying that it was a" thick piece of jewelry or necklace commonly worn around one's neck."

Besides this clarification, The Batavian must make its own correction. We erroneously reported that Elmore left the casino and retrieved a chain. This was an assumption on our part, and we should never make assumptions in our reporting.  Court documents do say that Elmore left the building and "immediately" returned, but nowhere does it mention that he retrieved any object in the process. We regret the error and apologize to the Sanfratello family for this error and any additional upset it may have caused.  

A member of law enforcement accused us of sensationalizing the story.  

We never seek to sensationalize crime stories.  It's not necessary. Typically, the facts themselves speak for themselves. Except for the assumption about Elmore retrieving the chain, the rest of our prior stories were based on assertions contained in the charging documents.

The accusatory instrument states on the burglary charge that Elmore "re-entered the building holding metal chains, a dangerous instrument, that he passed between both hands while swinging them around making threats of use. The defendant used the metal chain to assault Sgt. Sanfratello by repeatedly striking him about the head and face."

On the aggravated manslaughter charge, the document states, "... the defendant did cause the death of Sgt. Thomas Sanfratello by the Genesee County Sheriff's Office by repeatedly striking him about the head and face with his fist and a metal chain and by having him in a chokehold."

The aggravated assault charge also refers to the chain as a "dangerous instrument." 

NYS penal code refers to a "dangerous instrument." as an object that can cause death or serious physical injury.  We should note that a necklace could, in fact, be used as a weapon and cause a serious injury.

As a matter of transparency, here are links to the accusatory instruments:

• Document 1
• Document 2
• Document 3

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