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.
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.
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.
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."
Chief Shawn Heubusch Photo by Howard Owens
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.
Ian Sanfratello Photo by Howard Owens
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.
QR Code for link to submission for for citizens to submit video and photos of incident at Batavia Downs.
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."
Kaeli Lafrance, Allyssa Natrigo, and Brittney Yerger-Moe hold a frozen Buffalo carp (the actual fish to be used in the relay will be a salmon) in advance of the Eli Fish Frozen Fish Relay Race. Photo by Howard Owens.
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 Sheriff's Office has parked a patrol vehicle in front to its headquarters on Park Road in Batavia in honor of Sgt. Thomas Sanfratello, who died in the line of duty early Sunday morning. The public is invited to leave flowers and memorials on and around the vehicle. Photo by Howard Owens.
Michael J. Elmore, accused of actions that lead to the death of Sgt. Thomas A. Sanfratello, who is being held in Monroe County Jail, arrives at the Town of Batavia Court on Tuesday afternoon. The group of people on the hill are Elmore's friends and family members. Photo by Howard Owens.
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.
Social media photo of Michael Elmore wearing gold chains. Court documents say Elmore attacked Sanfratello with "metal chains." On Tuesday, Batavia PD clarified that the alleged objects used were "a thick piece of jewelry or necklace commonly worn around one's neck."
Michael J. Elmore being escorted through a back door of the Town of Batavia Court by a deputy and Batavia police officer. Photo by Howard Owens
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.
SUNY Oswego recently recognized several Genesee County residents as high academic achievers on its President’s List and Deans’ List for the fall 2023 semester.
President's List students are those attaining semester grade-point averages of 3.8 or higher while carrying required academic credits. Students on the President’s List include:
Cassidy C. Ball, Bergen, undeclared
Deans' List students are those attaining semester grade-point averages between 3.3 and 3.79 while carrying required academic credits. Students on the Dean's List include:
Cooper J. Fix, Batavia, wellness management
Ty C. Kornow, Basom, psychology
Mackenzie E. Lavrey, Batavia, cinema and screen studies
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:
While Batavia resident Michael J. Elmore has been charged with aggravated manslaughter in the death on Sunday of Sgt. Thomas A. Sanfratello, that doesn't mean the charges can't be amended, District Attorney Kevin Finnell told The Batavian on Tuesday morning.
The Batavian asked Finnell about why Elmore was being charged with manslaughter instead of murder after obtaining court documents that revealed that Elmore was accused of retrieving a chain from outside leaving Batavia Downs, reentering the building, and attacking Sanfratello, striking his head and face, and getting Sanfratello in a chokehold.
"As you can expect, the case is still being investigated, and as such, final charging decisions have not been made," Finnell said in an email response. "It is likely a grand jury will make those decisions in the fairly near future. Until then, I am unable to provide details on the thought process that led to the current charges, but I will indicate that such charges were based on the information law enforcement had available at the time. That information is being augmented daily as more witnesses are interviewed and more evidence is received."
Both the aggravated manslaughter charge and a murder charge require the prosecution to prove to a jury beyond a reasonable doubt that the defendant had a degree of intent. Finnell explained there is a subtle difference between the proof requirements.
"As to your question about the current charge of aggravated manslaughter vs. murder, the principal difference is one of intent," Finnell said. "For a murder charge to be viable, we are required to prove that the defendant acted with 'intent to cause the death of another person.' Aggravated manslaughter in the first degree requires proof of 'intent to cause serious physical injury', which results in death. Other forms of manslaughter require proof of reckless behavior resulting in death. The final charges will reflect decisions that are based upon the whole body of evidence that is obtained after the investigation is completed."
Sanfratello, 54, was a 32-year veteran of the Sheriff's Office. He was working a special detail at Batavia Downs when he was called upon at 12:43 a.m. on Sunday to help quell a disturbance in a bar 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. She is accused of hitting Sanfratello several times with the intent to injure him.
Wilcox is charged with burglary in the second degree, a Class C felony and attempted assault in the second degree, a Class E felony.
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.
Of all the various items in a city budget—from personnel and medical insurance to sidewalk replacement, facilities upkeep, and community celebrations—one department, in particular, weighed heavy on the mind of City Council President Eugene Jankowski Jr. Monday evening.
That was the police department and its representation of all law enforcement. Jankowski, a retired city police lieutenant, knew Sgt. Thomas Sanfratello, who died in the line of duty this past weekend during a scuffle with someone he was attempting to apprehend at Batavia Downs.
“I worked with him. He was a dispatcher for us in the very beginning, and then he ended up working over at the sheriff's department and working his way to Sergeant. And I ran into him at a meeting just a couple of weeks ago, and I asked him if he had retired yet, and he said, no, he hadn't done that, he was looking forward to it in a couple of years. And unfortunately, he didn't get a chance. It upset me a lot when I found out the news of his passing,” Jankowski said after the meeting at City Hall. “I feel strongly about our public safety, and our fire department and our streets being cleared. Those are our core value services. And in our budget, basically, those are the three items we fund first. And then after that, if we have anything left over extra, then we start looking at additional items, like maybe modifications to a recreational area or a park or something like that.
"But we have parking lots that are in need. We have streets that are in need. We have sidewalks that are in need. So those are our priority," he said. "But public safety, in my mind, is my number one priority. That's why I pay taxes. I want my police, I want my fire, I want my DPW. I want the streets kept clean, and I want them safe. So that's just important to me. And a lot of people I talked to feel the same way.”
Before council's business meeting, Jankowski asked for a few moments of silence in memory of Sanfratello and former officer Edward LaValley, who died March 1 at Crossroads House.
During the meeting and before the council’s vote to adopt the proposed 2024-25 budget, Jankowski issued a reminder for people to “remember what happened this weekend” when the council resumes talks about the police department and a recommendation to hire more officers. He may not be in favor of doing multiple hirings at once, versus one per year perhaps, but would like to ensure that the city’s department is equipped to provide adequate public safety, he said.
Jankowski’s response followed Councilman-at-Large Bob Bialkowski’s lone rebuttal to and disappointment in the budget.
“I’m just a little disappointed in the process, and everything was approved in its entirety. I certainly heard from many, many people dissatisfied with the situation,” Bialkowski said. “One of the things I’m really very dissatisfied with, at a recent meeting, one of our council members concocted a whole story, things that I supposedly voted for during an Audit Committee meeting, which we were discussing the 2020 budget and compliance for the audit, which was very good, which I don’t appreciate that sort of thing. We don't all get along all the time. There's no reason to be attacking other council members.
“But some of the factors we could have considered—maybe we shouldn't hire so many employees at one time or buy so many new vehicles—” he said. The VLT money was never entered into it. I just feel that we could have done things differently.”
In turn, Jankowski said quite the opposite.
“I have had numerous people come up to me in person telling me that council isdoing a great job, so I guess we can’t please everybody. But they don’t call me. I have no way of knowing that. The assessments didn’t happen this year because you, Mr. Bialkowski, were one of the advocates for giving our taxpayers a break. And I went along with you on that. But now that I look at it, I think when we interfere with that state process, I think we should probably let it go its normal course and stay out of that. It’s not really our process to get involved with. Let it go on as the state requires them to work. This is my own personal opinion,” he said.“And let me be straight. No one was glad we raised taxes. But they’re glad with the general direction and upkeep of the services we presently have, and the construction and the finally putting to bed the police station project, and getting that over the finish line. And things like that are what they’re pleased with.
“I wish we could keep it zero tax increase as well. This year, it just wasn’t possible to do without cutting essential services. And as we saw in the news recently, we’ve had two attacks on our police officers, violent ones, one resulting in a really bad situation recently," he said. "So I would never lay off police officers or firemen or DPW people. They’re essential for our public safety.”
He then pointed to a state criminal justice report that assessed the city police department and recommended that the city hire five more patrol officers, and said, “so if anything, remember what happened this past weekend.”
“The next budget when we start talking about we might want to hire more police officers, remember what happened this weekend,” he said.
To clarify, the weekend event happened at Batavia Downs, which is in the town of Batavia and under the jurisdiction of Genesee County Sheriff’s Office, not the Batavia Police Department.
The front portion of Batavia Downs along Park Road is in the town of Batavia, but the majority of the complex, according to Jankowski, is in the city, so it is under the jurisdiction of Batavia city police.
By a vote of eight to one, council approved the budget of $37,061,280 million, with a tax levy increase of $110,000 from this year for a total of $6.7 million. Members Derek Geib, Rich Richmond, Al McGinnis, Kathy Briggs, Tammy Schmidt, Paul Viele, David Twichell, and Jankowski voted yes to Bialkowski’s no vote.
Richmond stuck to his initial stance that Bialkowski had the opportunity to voice concerns during the Audit Committee meetings and instead said all was fine and made no changes. Richmond said he believed “this was a reasonable budget” and was willing to stand up and say so. He challenged Bialkowski to do the same and suggested cuts to make if he didn’t want to see a tax increase. "Being offended isn’t a virtue,” he said.
When asked after the meeting about making cuts, Bialkowski told The Batavian that it wasn’t his job to do so. There’s a city staff in place to do that, he said.
The proposed property tax levy of $6,710,000 will increase by $110,000 and mean a property tax rate of $8.96 per $1,000 assessed value, or two cents per $1,000 assessed value, or $2 extra per year on a home assessed at $100,000.
Council also approved, in a much less controversial fashion, a 19-cent increase in the city's water rate to $6.46 per 1,000 gallons and $8.16 in the town, along with increases of $2 per quarter for the water meter and $6 per quarter for the capital infrastructure fund. That vote was unanimous.
All tallied, with an estimated $3.80 more per quarter for the water itself, plus the meter and capital fund increases, that estimated increase is to be about $47 more per year for a family of four, city management said.
Of course, the total yearly increase depends on how much water a household consumes. Sewer fees are not increased, and a proposed stormwater tax that was discussed during budget sessions is not part of this budget.
The total budget includes:
$690,000 for general fund reserves, $45,717 for City Council, $147,638 for city manager, $230,167 for legal services
$6,000 for community development, $113,300 for economic development, $5,000 for GO Art!, $13,5000 for community celebrations
$85,288 for Youth Bureau summer recreation, $107,260 for Department of Public Works, $289,316 for city facilities, $20,500 for the ice rink, $43,500 for Dwyer Stadium
$461,00 for inspection, $173,205 for Public Works Bureau of Maintenance administration, $533,974 for street maintenance, $1,009,754 for CHIPS permanent improvement highway
$523,494 public works garage, $465,890 for snow removal, $107,791 for street lighting traffic signals, $300,000 for sidewalks, $278,510 for parking lots
$605,747 for parks, $129,593 for street cleaning, $6,283 for historic preservation, $122,201 for refuse and recycling,
$4,768,850 for police, $39,336 for the emergency response team, $221,579 for the police Neighborhood Enforcement Team (NET), $18,147 for community policing and events, $950 for the K-9 unit, $4,700,470 for the fire department
$11,292,301 for water, wastewater and worker’s comp funds, $567,138 for City Centre, $3,443,968 for medical insurance.
A trolley car with conductors that ran the length of Main Street from 1903-1927. Submitted photo.
Much of Batavia’s growth in the nineteenth and early twentieth century can be attributed to its location as a hub of major transportation systems. This was particularly evident with the passage through the Batavia of several major railway lines.
However, another form of rail transportation through the heart of Batavia, though it existed only for two dozen years, left an impact upon first the village and then the city. The trolley line that ran the extent of Main Street was built as a precursor to Batavia's continued growth and to connect it further to the rapidly growing cities of Buffalo and Rochester at the dawn of the twentieth century.
The trolley line in Batavia was completed in 1903, though it was originally just a small piece of a much larger line.
The Buffalo and Williamsville Company, who built the line, had plans for a line running from Williamsville and Depew to Rochester. They even had talks with investors of further expansion to Medina or Horseshoe Lake, and eventually across New York State. However, the Batavia Main Street line is all that would come to pass.
The trolley was a single track that ran a mile and a half from Clinton Street to the intersection of West Main Street and Lewiston Road. A turnout was also built near Bank Street to allow the trolley cars to pass each other. It officially opened on September 2, 1903, with many of the village aldermen as its first riders. It quickly became the latest marvel in Batavia, and people flocked to ride the trolley, with reports of 3,300 people to board at some point during the first week.
The trolley line's local patrons would soon have issues with its builder, the Buffalo and Williamsville Company.
Though the line had a large number of riders, very little was done to improve the equipment or the quality of the ride.
In 1911, East Main Street residents complained about the noise of the trolley cars, and many riders were less than thrilled with the uncomfortable seats on board. By this point, no effort had been made to add a second line. When some expansion began in 1912, the village aldermen asked the company to pave Main Street, which was never resurfaced after the line was finished. The village officials believed that this was the company’s responsibility.
The disagreement over the paving of Main Street became increasingly hostile. When pressured, the company hinted that they would just close the line altogether. The company would attempt to make good on their threat by applying for a permit to close the trolley line. In response, a commission of local men, including George Wiard and K.B. Mathes, sought out other entities to run it. In 1914, they found a potential buyer in the Storage Battery Company of New York City, but it was deemed soon after that it would be more beneficial if the line was owned and operated by a local company.
A year later, the Batavia Traction Company was created to undertake such a venture. Though the trolleys still ran for another twelve years, there were never funds to make the necessary improvements.
By 1927, the company was losing money, and the whole line was deteriorating beyond repair.
Trolleys were becoming obsolete, replaced by buses, and there was little outside interest in keeping the cable cars going. By the end of the year, the trolley line on Main Street ceased to take Batavians to and from.
Some of the tracks were dug up during the scrap drives in 1943; another part was covered by blacktop in 1947, while the tracks along East Main Street were still there until Route 5 was rebuilt in the 1960s.
The alleged attack on Sgt. Thomas Sanfratello at Batavia Downs early Sunday morning may have been more brutal than previously described in news releases about the incident.
In charging documents at the Town of Batavia Court, called accusatory Instruments, Michael J. Elmore is accused of leaving the casino, retrieving metal chains, reentering the building and threatening Sanfratello.
The 33-year-old Elmore allegedly "passed (the chains (now described as a necklace)) between both hands while swinging them around and making threats," and then he allegedly used the metal chains to assault Sanfratello, striking him in the head and face. He's also accused of using his fists and of placing Sanfratello in a chokehold.
Sanfratello, 54, was a 32-year veteran of the Sheriff's Office. Investigators say Sanfratello died as a result of the attack. There have been reports that he died from a medical issue, possibly a heart attack, during the confrontation. No official document available so far confirms those reports.
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 incident began at 12:43 a.m. on Sunday when Sanfratello and Batavia Downs security responded to the Rush 34 bar for a disturbance. 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. The accusatory instrument says she hit Sanfratello several times with the intent to injure him.
The available timeline does not indicate when Elmore became involved and was told to leave the building. According to the earlier press release and the accusatory instruments, he left and returned with the intent to commit a crime.
The initial press release from Batavia PD said that Sanfratello did attempt to deploy his taser during the struggle with Elmore.
The accusatory instruments were filed by Det. Jason Ivison (Elmore) and Det. James DeFreze (Wilcox) of the Batavia Police Department.
The arrest reports indicate that Elmore and Wilcox may have been impaired by alcohol at the time of the incident.
Lyndsey Jean Wilcox
Wilcox is charged with burglary in the second degree, a Class C felony and attempted assault in the second degree, a Class E felony.
Both were arraigned on Sunday evening. Elmore is being held on $100,000 bail, $200,000 bond, and $500,000 partially secured bond. Wilcox is being held on $50,000 bail, $100,000 bond, or $200,000 partially secured bond.
Contrary to social media chatter, both were still in custody on Monday afternoon.
Sanfratello was on duty, in uniform, at the time he was attacked. He was working a special detail at Batavia Downs. Batavia Downs has been compensating the Sheriff's Office for four or five months to provide law enforcement personnel at the casino on Friday and Saturday nights.
The Batavian emailed questions to District Attorney Kevin Finnell late Monday afternoon and we will either update this story or publish a new story based on any response we receive.
Earlier on Monday, the DA's Office released the following statement:
Genesee County Sheriff's Office St. Thomas Sanfratello was working a detail at the Batavia Downs Gaming Facility on March 9, 2024 when, he was called to assist Batavia Downs Security personnel with two unruly patrons. In the course of escorting the individuals from the premises, the individuals became physically combative, requiring Sgt. Sanfratello to intervene. After successfully taking one of the individuals into custody and while physically engaged with the second person, Sgt. Sanfratello suffered a medical event which ultimately resulted in his passing. The case is still being actively investigated by the Batavia City Police Department and further charges are pending.
Our deepest sympathies go out to Sgt. Sanfratello's family at this most difficult time.
The Genesee County Economic Development Center (GCEDC) Board of Directors approved a final resolution for HP Hood’s $120 million proposed expansion project at its meeting on Thursday, March 7.
The 32,500 sq. ft. expansion project pledges to create 48 new jobs while retaining 455 FTEs adding to 1,000+ professionals in the food processing industry and cluster with over 1.2 million sq. ft. of food and beverage facilities at the Genesee Valley Agri-Business Park.
“The dairy hub of the northeast at the Genesee Valley Agribusiness Park has built itself upon the qualities of our workforce, our dedicated farming families, and our strategic location close to major consumers,” said GCEDC President and CEO Steve Hyde.
“The economic infrastructure generated by shovel-ready sites and workforce development programs has set up HP Hood and our robust food and beverage industry for sustained success.”
HP Hood’s expansion accommodates its automatic storage and retrieval system (ASRS) refrigerated warehouse. The project will also include new batching and processing systems and other upgrades which will allow the company to increase capacity and begin a new production line.
“The addition of another generational investment will result in the Genesee Valley Agri-Business Park delivering more benefits to our community and agricultural sector,” added Hyde.
Genesee County’s shovel-ready sites have been designed and strategically located at key transportation routes with access to population centers across the Northeast and Midwest and infrastructure corridors, including access to low-cost hydropower.
HP Hood’s investment is projected to result in a local economic impact of $49.87 million in wages and tax revenue. The GCEDC approved sales tax exemptions estimated at $4.52 million, a property tax abatement estimated at $549,705 based on an incremental increase in assessed value, and a mortgage tax exemption estimated at $536,000 bringing the value of the proposed financial agreements to approximately $5.6 million. For every $1 of public benefit, HP Hood is investing $16 into the local economy.
Aaron J. Fix, 50, of Batavia, is charged with assault 2nd, resisting arrest, criminal mischief 4th, and obstructing governmental administration 2nd. Fix is accused of interfering with the arrest of another person during a traffic stop on East Main Street, Batavia. When a deputy and Batavia patrol officer attempted to take Fix into custody, Fix allegedly resisted arrest and in the process, the officer was injured and a piece of the officer's equipment was damaged. Fix was arraigned and released.
Robert P. Tomaszewski, 56, of Batavia, is charged with DWI. A Batavia patrol officer stopped Tomaszewski on March 4 on River Street. He was issued an appearance ticket and released.
Alicia M. Lyons, 44, of Batavia, is charged with trespass. Lyons is accused of being at Kwik Fill on Mach 1 after being banned from the property. She was issued an appearance ticket.
Jeanna M. Hattaway, 44, of Batavia, was arrested on a warrant. She is also charged with obstructing government administration 2nd, resisting arrest, and criminal possession of a controlled substance 7th. Hattaway was located on March 4 walking on Tracy Avenue, When Batavia police officers attempted to take her into custody on the warrant. Hattaway allegedly ran from police but was caught a short distance away. Hattaway was also allegedly found in possession of methamphetamine at the time of her arrest. Hattaway was arraigned in City Court and ordered held on $3,000 bail, $6,000 bond, or $12,000 partially secured bond.
Charles A. Reichert, 41, of Batavia, is charged with riding a bicycle on a sidewalk. Reichert was issued a ticket on Feb. 25 following a personal injury accident. Reichert is accused of riding on the sidewalk before riding into the path of a vehicle.
Naquan J. Shepherd, 24, of Batavia, was arrested on a warrant issued by City Court. Shepherd was initially charged with harassment 2nd in January 2024. He was issued an appearance ticket. He is accused of failure to appear. Shepherd was arraigned and released.
Shane M. Ramos, 32, of Batavia, is charged with harassment 2nd. Ramos is accused of shoving another person during a fight on Summit Street, Batavia. He was issued an appearance ticket.
Monique E. Hampson, 31, of Batavia, was arrested on March 4 on a warrant. Hampson was initially charged on Dec. 29 with aggravated unlicensed operation of a motor vehicle 2nd following a traffic stop on West Main Street. She is accused of failure to appear in court as ordered. Hampson was arraigned and released.
Jennifer N. Wilson, 36, of Batavia, is charged with criminal trespass 2nd, obstructing governmental administration 2nd, and resisting arrest. Wilson is accused of being inside a residence on Otis Street and then resisting arrest. She was arraigned and released.
Jonathan M. Falk, 25, of Batavia, was arrested on Feb. 26 on a warrant. He and another person allegedly stole merchandise from Seven-Eleven. Falk was initially charged with petit larceny and conspiracy 6th. He is accused of failure to appear in court as ordered. He was arraigned and released.
Bryce D. Klehn, 18, of Batavia, is charged with disorderly conduct. Klehn is accused of throwing a lit firework on March 2 onto the porch of a residence on Montclair Avenue. He was issued an appearance ticket.
Erica M. Esten, 36, of Oakfield, is charged with harassment 2nd. Esten is accused of hitting another person in the face in a parking lot on East Main Street, Batavia, on March 2. She was issued an appearance ticket.
Starzha Monae Hilliard, 25, of Webster Manor Avenue, Rochester, is charged with falsifying business records 1st. Hilliard is accused of providing false personal information to deputies and corrections officers after being arrested on unrelated offenses and then signing official fingerprint documents under the false identity. She was issued an appearance ticket.
Tabatha Ann Torcello, 58, of Broadway Road, Alexander, is charged with driving while ability impaired by drugs and moving from lane unsafely. Torcello was charged after an investigation into an incident reported at 7:17 a.m. on Nov. 30. At that time, deputies responded to a report of a car in a ditch off Route 98 in Alexander. She was arrested recently and issued an appearance ticket.
George Samuel Luce, 54, of Gildden Road, Holly, is charged with strangulation 2nd and assault 3rd. Luce is accused of chocking and punching a woman during an incident at a hotel on Park Road, Batavia, at 10:42 a.m. on March 6.
Joseph Thomas Jablonski, 59, of Clifton Avenue, Batavia, is charged with driving while ability impaired by drugs, aggravated unlicensed operation 1st, unregistered motor vehicle, and vehicle with improper license plates. Jablonski was stopped at 3:29 a.m. on March 7 on Clinton Street by Sgt. Mathew Clor. He was issued an appearance ticket.
Arnold Bryan Colopy, 66, of Knowlesville Road, Alabama, is charged with torturing or injuring animals/failure to provide substance. Colopy is accused of keeping two dogs in "deplorable" conditions. Following a report at 4:11 p.m. on March 7, Deputy Alexander Hardsall allegedly found two dogs without any food or water. Colopy was processed at the Genesee County Jail and released.
Michael Andrew Hahn, 44, of Lewiston Road, Alabama, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operator, unregistered motor vehicle, and uninspected motor vehicle. Hahn was stopped by Deputy Carlos Ortiz Speed at 3:43 a.m. on March 4 on Buffalo Road, Bergen. He was released on an appearance ticket.
Jacqueline Raj Garrett, 44, of Park Road, Batavia, is charged with petit larceny. Garret is accused of stealing merchandise from Walmart at 2:50 p.m. on March 8. She was released on an appearance ticket.
The Batavia Society of Artists is hosting artist David Burke at GO ART! Seymour Place on Tuesday, March 12 starting at 7 p.m.
David will be demonstrating a more intuitive painting for this demo, using a new squeegee technique with dots of paint to easily create cool designs. Light refreshments will be served.
The 2.o.1. Tavern will be open for cash purchases. Non-members are welcome for a $5 fee. New members are always welcome, all mediums and skill levels. The yearly Single membership is $30, Couples $50, and Students/Veterans $10.
GO ART! Seymour Place is located at 201 E. Main St. Batavia.
A 33-year-old Batavia man with multiple prior arrests is accused of intending to cause serious physical injury to a law enforcement officer and that his attack on the officer resulted in the death of the officer.
At 12:45 a.m. on Sunday, Sgt. Thomas A. Sanfratello, 54, a 32-year veteran of the Sheriff's Office, died after a struggle with the suspect inside Batavia Downs.
Michael J. 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.
Elmore is accused of leaving the casino and returning after being told not to return, and that he returned with the intent to commit a crime in the casino. He then allegedly attacked Sanfrantello with the intent to cause a serious injury to him.
According to an earlier press release, Sanfratello was working a special detail early Sunday morning at Batavia Downs when he and security officers received a report of a disturbance at 34 Rush.
Lyndsey Jean Wilcox
Sanfratello and the security officers encountered Lyndsey Jean Wilcox, 39, of Batavia, and she was ordered to leave the premises. While being escorted out, Wilcox allegedly became combative with Sanfratello.
Sanfratello and the security officers were able to subdue her and place her in custody.
It was then that Elmore allegedly attacked Sanfratello. Security officers and civilians reportedly attempted to assist Sanfratello. Sanfratello attempted to use his taser to subdue Elmore, but Elmore reportedly kept fighting. During the struggle, Sanfratello became unresponsive, and CPR was attempted.
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 is accused of remaining inside Batavia Downs after being told to leave and did so with the intent to commit a crime inside the casino.
Both were arraigned on Sunday evening. Elmore is being held on $100,000 bail, $200,000 bond, and $500,000 partially secured bond. Wilcox is being held on $50,000 bail, $100,000 bond, or $200,000 partially secured bond.
Both are scheduled to appear again in Town of Batavia Court on March 12.
The Batavia Police Department is handling the investigation.
"We would like to thank all those who came forward with information to assist the investigation and those who assisted at the scene," said Chief Shawn Heubusch. "We ask that you keep the family and friends of Sgt. Sanfratello in your thoughts and prayers during this very difficult time."
Sanfratello began his law enforcement career as a dispatcher on Feb. 29, 1992. He was appointed deputy in 1996 and promoted to sergeant in 2007.
In an interview with The Batavian, Henry Wojtaszek, CEO of Western Regional OTB, said that Batavia Downs began contracting with the Sheriff's Office four or five months ago to provide a security detail to the casino on Friday and Saturday nights. He said the arrangement is similar to what Batavia Downs does with Batavia PD and the Sheriff's Office during the summer concert series and that the agencies are compensated for the officers' time.
In a written statement released to all media, Wojtaszek said, "The Batavia Downs Family is extremely saddened by the loss of Sergeant Sanfratello and we send our very deepest condolences to his family. We rarely have incidents at our facility in large part due to the incredible efforts of people like Sergeant Sanfratello. While words cannot express our sorrow, our thoughts and prayers are with the SanFratello family and his extended first responder family."
The Holland Land Office Museum is proud to announce its Garth Swanson Memorial Scholarship for 2024. This scholarship was created in honor of Garth Swanson, who was the Stafford Town Historian, a History professor at Genesee Community College, and a former board member and officer of the museum.
This $500 scholarship is open to any graduating senior in Genesee County planning on attending Genesee Community College, or current student attending Genesee Community College, and has expressed interest in history, or plans on working in the history field in the future.
Completed applications should be mailed or emailed no later than May 1. They can be emailed to Ryan Duffy at duffyhollandlandoffice@gmail.com. Or Mailed to Ryan Duffy, Executive Director, Holland Land Office Museum, 131 W. Main St., Batavia.
The application is available on both the museum’s website and Facebook page. You can also contact the museum for the application or further information.
