A heavy snow squall bulletin has been issued for northeastern Genesee County. The warning is in place until 7 p.m. Wednesday.
Parts of Genesee County could also receive heavy snow with blowing wind Wednesday evening.
There's also snow in the forecast for Friday and Saturday, with a low temperature on Sunday, which is estimated at 14 degrees.
A 37-year-old Le Roy resident is being accused by federal authorities of possession and distribution of child pornography.
Jordan Brodie faces a mandatory minimum penalty of 15 years in prison because of a prior child pornography conviction.
According to a statement by Assistant U.S. Attorney Kyle P. Rossi, Brodie was using a chat application along with others who traded child pornography in May 2023, and Brodie uploaded at least one image to a different social media platform. That upload was reported to the National Center for Missing and Exploited Children.
The State Police conducted an investigation and determined that the alleged upload took place from Brodie's home in Le Roy.
A warrant was issued, and investigators seized Brodie's phone and the contents of a social media site. Authorities say they discovered images of child pornography involving children less than 12 years old.
At the time, Broadie was under the supervision of the Genesee County Probation Department following a child pornography conviction in May 2021.
Brodie was arraigned today in U.S. District Court and ordered held in custody.
The criminal complaint is the result of an investigation by the New York State Police, Lyons, under the direction of Major Miklos Szoczei II, and the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia.
For those who may have missed some of the stories and events, here's a recap of our coverage of news and events related to the death of Sgt. Thomas A. Sanfratello:
After trailing for most of the game, a fourth-quarter surge pushed Northville over Elba on Saturday in Troy to end the Lancers’ season in the state semifinal game.
Northville won 42-34 after scoring 17 points to just five for Elba in the fourth quarter. At the end of three quarters, Elba led 29-25.
Hailey Monroe, a leading scorer for Northville, was only 2-18 from the field for the first 28 minutes of the game. She drained her final five shots of the game to propel her team to victory.
Maddie Hall scored 10 points for Elba, Lydia Ross, nine, and Sydney Reilly, seven.
Monroe finished with 24 points.
Photos by Debra Reilly
It's been four years since the East Pembroke Fire Department came together for an awards and officer installation dinner, so there were a few awards to hand out on Saturday night.
Chief Don Newton recognized years of service and training hours for 2021, 2022, and 2023, as well as handing out, along with Tim Yaeger, the Service Awards and Firefighter of the Year for each year.
The Service Award for 2021 went to the Genesee County Health Department for support and assistance during the pandemic.
Jennifer Groff was named Firefighter of the Year for 2021.
For 2022, the Service Award went to the Genesee County Office of Emergency Management for all of its assistance around Christmas when Winter Storm Elliott hit.
Dave Martin, who couldn't attend the dinner, was named Firefighter of the Year for 2022.
Willie Welch received a special award for his 40 years of dedicated service to the fire department and the county. Paul Fenton also has 40 years of service but wasn't available on Saturday night.
The Service Award for 2023 went to Adam Pearce.
The Firefighter of the Year for 2023 is James Gayton, who was recognized for his dedication to the department, whether it is fixing things that are broken, cleaning what needs to be cleaned, or barbecuing at fundraisers.
Newton said, "He puts his time in and gives us the best of everything he can."
The 2024 firematic officers:
Administrative Officers:
Board of Directors: Andrew Martin, Donald Newton, Sr., Charles Chatley, Ken Marble, Stephen Smelski, Julie Waldron, Dale Lewter, Patrick Gallaway.
District Representatives:
In a service inside the Call Arena at Genesee Community College, Sgt. Thomas A. Sanfratello was remembered as a man who was committed to protecting and serving our community, a man who loved his children, and as a man who enjoyed his work and his hobbies.
"Grandma Sanfratello stopped me last night," said Pastor Ryan Macdonald of City Church, who officiated the service. "She said, 'Come here, pastor.' She called me over for a beautiful moment, and she whispered to me, she said, 'Pastor, please tell the people tomorrow how much Tom loved this community. Please tell them tomorrow that Jesus gave us time for a moment, for a season, and then Jesus came, and he walked him through those pearly gates and into heaven.' She went on to tell me, 'Tell the people today that Tom passed doing what he loved to do. No greater love than a man show than that he would lay his life down for his friends. Please tell them, pastor, that Tom loved being a servant and that Tom shared his love as long as he could.'
"I believe with all my heart," Macdonald added, "that Sgt Sanfratello understood God's love."
Sanfratello died early Sunday morning at Batavia Downs while trying to deal with two customers who had been asked to leave 34 Rush. One of those customers is accused of violently attacking the 32-year veteran of the Sheriff's Office, reportedly pulling a heavy chain from around his neck and striking Sanfrantello with it. The cause of death has not been released, but the suspect, Michael J. Elmore, 33, of Batavia, has been charged with manslaughter.
Saturday's funeral was attended by hundreds of first responders, including police officers from throughout the region and from as far away as New York City and Chicago. There were also hundreds of members of the community at the Call Arena, including friends and family.
His sister Michelle Panasiewicz and his son Ian Sanfratello, along with Sheriff William Sheron, were the speakers.
Panasiewicz recalled growing up with her brother and watching him grow into a man who served his community and loved his family, especially his children, Ian, Kyla, and Alexis.
"Nothing made him prouder than spending time with them and watching them grow into the people that they have become," Panasiewicz said.
Growing up, as siblings do, Tom and Michelle had their differences, but as adults, she said, Tom was the strength of the family.
"When I had a question that my husband Joel couldn't answer, I'd call or text Tom," she said. "More often than not, he had the answer. We leaned on each other when we needed to, and we always knew that we were there for each other no matter what time of day or night without needing words."
She asked how she and the family would go on without Tom.
"I guess I have to learn that I have my family, my friends, my loved ones and we will continue to go on," Panasiewicz said. "This memory will live on, and all of us will continue to have a memorial of some kind. Or, like I said, his memory will never go away. He was loved by too many for his memory to ever go away."
Sheron noted that Sanfratello dedicated his entire adult life to serving people, first as an EMT who put himself through training, working in Buffalo and Rochester, as a volunteer for the Alexander Fire Department, as a dispatcher in Batavia, before joining the Sheriff's Office in 1992 as a dispatcher.
"You knew, right from the beginning, there's something special about Tommy," Sheron said. "You know, there are individuals when you hire him, you just go, 'This guy is going to go somewhere. Tommy would take on tasks in the communication room that might have been lingering for years. But Tommy's energy, he just got in there and got it done."
Sanfratello collected Hot Wheels and Legos and attended conventions all over the country for collectors. He loved children and kept a bucket of Hot Wheels in his office to share with children who visited the office, either with department family members or when caught up in some serious situation.
It's no surprise, then, that one of Sanfratello's favorite duties was helping to organize the Christmastime Shop with a Cop at Walmart.
"He loved doing that," Sheron said. "He loved kids. He loved helping people."
Ian, now himself a corrections officer who graduated from the academy top in his class, recalled seeing his dad in action at work and said he was clearly a leader in the Sheriff's Office.
See also: At Darien Lake, 'Tommy had it under control'
"He did try to steer everybody in the right direction," Ian said. "Even if he didn't see eye-to-eye with someone, he would always have their back and trust them with his life."
He said, "Deputies would tell me how he was the glue that held the department together. They don't know what they will do without him. One way of looking at it, as I have the past couple of days, when he passed away was he was doing what he loved. He loved working overtime."
Ian recalled how they shared love for Buffalo Sabres hockey. He said he will miss their phone calls -- win or lose, they would critique the games, either what the Sabres did right or what they need to improve.
"It won't be the same any more ," he said, but he hopes someday he will have a son to carry on the family tradition.
Ian closed his remarks: "Godspeed GS-9."
See Also: A full showing of support for Sgt. Sanfratello
These are file photos of Sgt. Thomas A. Sanfratello working on one of his favorite details -- law enforcement at Darien Lake concerts.
In 2012, I did a "ride along" with patrols at the concerts to get a first-hand perspective of what went into dealing with all the issues that used to arise on concert nights.
While I had run into Tom on patrol before, working with him at Darien Lake was really my first chance to get to know him a bit. He struck me as kind, professional, caring, and dedicated.
He took the job seriously without taking himself seriously. There was a complete absence of ego in his approach to enforcing the law.
When two young people climbed up a communications tower, I remember him being simultaneously amused by the folly of it and sincerely concerned about their safety.
At Saturday's funeral service for Sgt. Sanfratello, Sheriff William Sheron spoke of "Tommy" taking charge at Darien Lake.
"As we all know, Tom was the guy out at Darien Lake," Sheron said. "He was the first one there, and he was the last one out. He oversaw that venue for years and years. And again, when Tommy was on, I didn't worry about anything. Tommy, I knew, had things under control. We were dealing with tens of thousands of people and many, many officers. Tommy had it all under control."
Unrelated from Darien Lake, we received two more tributes to Sgt. Sanfratello to share.
Eric Olson, retired from the Sheriff's Office:
I’ve known Tom for a long time. He is a true friend and law enforcement brother. I will miss the 4th of July gatherings and the occasional conversations here and there.
From Deborah Shea, principal financial clerk, Sheriff's Office:
As we navigate through these next few days, I’ve thought a lot about my boss, my friend, my co-worker and most of all, my annoying “big brother” this week.
That’s what comes to my mind when I think of Sgt. Tom (Tommy) Sanfratello. We worked 50 feet from each other for 12 years, and we argued and teased one another just like brother and sister, even crying once in a while. He was so maddening at times, but at the end of the day, we were friends, and tomorrow was another day. And when he walked out of the office last Friday and said, as always, “See you Monday, maybe,” it was not supposed to be goodbye!
I would sing along to the radio, and he’d say, “Don’t quit your day job,” and of course I’d say, “You wish!” He’d also say, every day, 10 times a day, “Whatever, Shea!” And on occasion, in typical Tommy fashion, he’d tell you, “Sink or swim!” I never thought I’d ever miss these words!
His presence In our office was larger than any of us could have imagined until we walked back in Monday morning and the loss hit me immediately.
He had his quirks, his funny habits and definitely a Hot Wheels and Lego fetish, but it was him and who he was. He loved to read and joke around and make his funny comments. He loved having his annual Easter egg hunt and fantasy football league. He wore many hats in our office and has big shoes to fill, and it will be a hard act to follow. No matter what he did in his life and career, his biggest accomplishments are his 3 amazing kids, Ian, Kyla and Lexi. He loved them more than life itself. He was not a fall-all-over-you or mushy kind of guy, but he honestly had a big heart and really cared for the people closest to him, especially his family, friends and our department for sure.
Thanks for your friendship and all the laughs.
You will be, as they say, forever missed and never forgotten!
Fly high GS 9
Finally, retired Batavia PD lieutenant James Henning had this to say about Saturday's service:
What a tremendous outpouring of support shown today for the family, friends, fellow citizens and coworkers of GS-9!
The entire wake and funeral service was incredibly organized and a fitting tribute to a great man and public servant.
GCSO, BPD, LPD & NYSP did a fantastic job of working shoulder to shoulder to make this all possible, along with the numerous fire departments and EMS in Genesee County.
Also, the entire staff of GCC for hosting this memorial and area restaurants for catering the gathering at the college afterward.
The police and fire agencies present were amazing from as far away as Chicago PD and NYPD.
R.I.P. GS-9
March is "Music in Schools Month" across the nation, and on Thursday evening, Batavia City Schools held its annual concert featuring educators and students at all levels to celebrate the month.
The concern opened with the faculty/alumni band playing Sir Duke, a Steve Wonder hit honoring Duke Ellington.
Also performing are the High School Orchestra, the Middle School Beauty Shop, High School Guitar, John Kennedy Second Graders, High School Select Choir, Middle School Band, High School Rock Band, and High School Jazz Ensemble.
Photos by Howard Owens.
Notre Dame High School opens its staging of the musical "Anastasia" tonight (Friday) at 7 p.m. in the high school auditorium.
A second show is scheduled for 7 p.m. on Saturday.
Director Kate Edwards said of the show:
Anastasia the Musical is based on the animated film Anastasia, which is also based on the real-life story of the Romanov family. It takes place during the Russian Revolution when the Bolsheviks took over Russia and killed the Czar and his entire family. The rumor was always that young Anastasia, the youngest of all the children, actually lived.
The musical is based on the animated film of the same name. The plot is that Anastasia did live, but her memory has been wiped. She now knows herself to be Anya, and she’s searching to find where she belongs. She looks for help from two Russian revolutionaries, who are also good-hearted con men. They are looking for a young girl who can pretend to be Anastasia because they want the reward money. They also need to escape Russia because the communists are taking over.
Through a series of escapades and traveling from Russia to Paris, they discover that Anya is actually the real Anastasia. Meanwhile, the Bolsheviks are looking for Anya because if she really is alive, they want to kill her.
To see what happens next, you’ll have to come see the show!!
The cast:
Tickets are $10 at the door.
The musical is also directed by Josh Pacino, with choreography by Jasmine Wessel and Lisa Antinore.
NOTE: Due to photographer error, we have no photos from the rehearsal this week. Our apologies.
The casket of Sgt. Thomas A. Sanfratello, who died in the line of duty on Sunday morning, was carried by Hearst on Friday morning from the Gilmartin Funeral Home to the Call Arena at GCC.
The route went down Park Road, past the Sheriff's Office, then to Route 98, to West Saile Drive, to Bank Street, to Assemblyman R. Stephen Hawley Drive.
The casket was then carried into Call Arena by a Sheriff's Office detail prior to calling hours on Friday afternoon.
Sanfratello's funeral will be held in the Call Arena at 11 a.m. on Saturday.
Photos by Howard Owens.
Sgt. Thomas A. Sanfratello, who died in the line of duty early Sunday morning, was honored by about 50 first responders and family members with a mile run around the track at Van Detta Stadium in Batavia.
The run was part of a national program called "Running For Heroes," which is comprised of young people who run in honor of a first responder who dies in the line of duty.
Thursday's run was coordinated with Morgan Blann, a 13-year-old from New Jersey who connected with runners in Batavia through Facetime and then her actual run was live streamed on Facebook.
Members of law enforcement in her community joined her on her run.
Morgan told the participants that since she was six, she's dreamed of working in law enforcement as a K-9 handler.
To view a video of Morgan's run, click here.
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.
Investigator James Diehl:
Tom was a man who never grew up. This is the best way I can describe Tom Sanfratello.
He loved collecting Hot Wheels cars and Legos. He got giddy like a kid on Christmas when new ones were going to be released or he found a rare Hot Wheels car. He had knowledge about the different types of cars, which ones were special, what codes meant what, and what cars he had that were overly impressive. Tom kept a bucket of Hot Wheels cars in a drawer in his office and would always tell people to take some for their kids or to hand out.
I’ll remember the fantasy football leagues that he organized and the drafts he would have at his house.
My kids and I will always remember the Easter Egg hunts that “Mr. Tom” put on at his house. Tom and I would discuss him prepping for the event, filling 1,000 eggs weeks before the event with candy, Lego figurines, and hot wheel cars, all the things he loved. When I arrived on the day of the event to help put eggs out, it would be three hours before, and he came out of the house with box after box after box of plastic eggs totaling somewhere in the 4 to 5 thousands.
At the same event, he would hide golden eggs with money or a ticket for a large Oliver’s candy chocolate Easter bunny. Tom did all this without asking for a dime.
In recent years, many of us who attended had to tell him to accept money towards it, but he would still rarely look for help. During the event, he would walk around with his daughter Lexi, watching her and all the other kids run and gather so many eggs they wouldn’t be able to carry the bag they brought with them, and he would smile and take it all in, seeing what kids got the cherished golden eggs. He would ask if the kids got enough, knowing full well that parents were carrying bags bigger than the kids.
Tom got the same smile on his face during Shop with a Cop. He would help organize the event and liked to float through the store watching kids shop and maybe looking for a stray rare Hot Wheels car at the same time. But I feel like seeing the kids smile and the happiness that was brought towards the kids and families on that day, the good interactions deputies had with people, and the light conversations that developed is what he liked most.
He brought this same love to talk to people, to joke, sarcastic banter, and kid-like fun to work as well. His office is a perfect display of his personality as it holds toys in every direction. There are multiple-sized Lego cars, Hot Wheels cars in display cases, and a wall of signed photos of Tom meeting actors, including Erik Estrada (Officer Frank Poncherello) and Larry Wilcox (Officer Jon Baker) from the TV Show CHIPS, Catherine Bach (Daisy Duke), WWE celebrities Brie and Nikki Bella, John Cena and Bryan Danielson, Candy Clark (Debby) from American Graffiti, Jim Kelly, and Brad Paisley along with so many others. Until recently, a Halloween skeleton dressed as a deputy would sit across from Tom in his office and scare half the people who walked into it. Closest to his chair, along his desk, were photos of his kids, Ian, Kyla, and “Lexi.”
As our many conversations would lead us to different topics, he talked about these kids often. He was proud of all of them, especially recently when Ian graduated from the Correctional Academy and was working at the Genesee County Jail. As conversations about kids usually go through the ups and downs of life and the “he/she should do this or that” moments, I remember Tom saying that, most importantly, he wanted them to “do what makes them happy.” I’ll miss our daily conversations, our banters, him telling me like a dad that I’m wrong and being unreasonable. We had many discussions, conversations, and arguments, and Tom could always understand where you were coming from, even if he didn’t agree.
Retired Investigator Pete Welker:
Tommy and I went through the police academy together back in 1996. We were young and excited to become Sheriff’s deputies. Going through the academy and then field training (FTO) can be very stressful for recruits. We helped each other along the way and ultimately made it through training. We then served in different capacities alongside each other for 30 years at the Sheriff’s Office, as well as serving on the union board together for probably 20 of those years.
Tommy was a very productive deputy (sergeant). Even in his latter years, Tommy would not only take a good amount of overtime, but he would be sure to get things done while working it. If he took DWI overtime, he would often times make an arrest during that shift. Tommy was a fixture at the Darien Lake concerts during the summer, supervised those details for years, and could somehow make chaos seem manageable. He was in charge of the Civil Office, in charge of warrants, and tasked with final approval and merging of all reports.
Tommy could be stern at times and was a stickler for making sure paperwork was complete, accurate, and on time. That said, however, as union president and even as a union rep before that, Tommy was the first one to stand up for the guys when labor-management issues arose.
Tommy was very proud of all of his children and spoke of them often. He and I would usually chat in his office a couple of times a week. You don’t realize how much you talk to someone until they are no longer there to talk to. In today’s society, the term “cop” has grown to mean so much more than just someone who makes arrests. It takes a wide array of skills to maneuver your way through serving communities in today’s world. Tommy had those skills and was a wealth of knowledge. Tommy loved being a cop and truly wanted to help people in any way that he could. We are all saddened by the loss of our friend and co-worker, Sgt. Thomas Sanfratello and it gives me some peace knowing that Tommy took his last breath on this earth doing what he loved and was sworn to do: protect and serve.
Those that were effected and those that knew him professionally will miss Sergeant Sanfratello, the Deputy. We will miss the playful sarcasm, the laughter, his caring nature, our conversations, experienced wisdom, youthful spirit, partner, father, and friend. We will miss the man who never really grew up.
Sergeant Tom Sanfratello was often the liaison between the Sheriff’s Office and many other agencies. I believe he loved the interactions, the communication, and, at times, even the chaos that went with the job as well. He loved to work at the Sheriff’s Office and especially at Darien Lake Concert events. It would be rare to work there without him, and he will be missed this year. He would take on so many additional duties and always answer when you needed advice or had questions. He always was there for anyone who needed him.
Those who were affected and those who knew him professionally will miss Sgt. Sanfratello, the deputy. We will miss his playful sarcasm, laughter, caring nature, our conversations, experienced wisdom, youthful spirit, partner, father, and friend. We will miss the man who never really grew up.
Retired Dispatcher Gary Diegelman:
I first met Tom when he came into communications in February 1992. He was always willing to learn and fast to learn. Tom always had a great attitude. I remember him always smiling and laughing. He was very excited to have been hired as a deputy sheriff. He excelled as a road deputy, and after being promoted to sergeant, Tom never forgot where he started in communications. Every day, he would stop in to say hi. If he needed help, he knew dispatchers were a good place to start. This will leave a huge hole in the Sheriff's Office. It such a tragic end to a well-loved professional, coworker and friend.
Retired Deputy Brian Thompson:
Tommy rose through the ranks with hard work and determination. As a patrol officer we got along well and worked on cases together. As a sergeant, he did an excellent job streamlining report-taking and was always available to help with a question or glitch in the systems incorporated over the years. I always appreciated his patience with me or assistance in getting reports done, in the database and recovered for court cases. Enjoyed a lot of laughs and tears with Tom over the years. Our prayers and deepest condolences are with family and friends.
Two things stand out when I think of Tom. He was a supervisor, and where he really excelled was his decisiveness. He didn’t just sit on the sideline giving directives, keeping his uniform clean. He followed through with his own directives and was willing to walk shoulder to shoulder with other members of law enforcement into any kind of hornet’s nest we may have encountered. I saw him do this on many occasions when it was called for. When I learned about his final call at the Downs, it sounded just like Tom to make a decision, and go straight towards the problem to restore order.
The other thing that really pops out when I think of Tom is how he loved his children. This was so obvious. If he were having a bad day or upset about some circumstance, that would all go away when he started to talk about some event, activity, or success of one of his children. He was very proud of them!
Lest we forget his Hot Wheels collection – if you didn’t know the difference between a Matchbox and a Hot Wheels, Tom would quickly, thoroughly, and with great passion explain the difference.
Tom will be sorely missed. He was not only a born leader in this organization but someone I looked up to; I've been with Tommy since the late 90s at Darien Lake, now Six Flags, as the concert lieutenant. Personally, for the last 15 years, I've worked extremely closely with him. There are endless stories of the nights with Tommy and his leadership at Darien Lake and and how well he did. Tom will mostly be missed by me bedcaue of our 20-year relationship at Darien Lake concerts.
He was a very giving person, particularly started four years ago with his daughter's Easter egg hunt -- 4,000 Easter eggs, doing it all with his own money. He would put all the Easter eggs together with his daughter Alexei.
Those are just small things that Tommy did. In the end, you look back, and you realize how generous he was.
Not only will I miss him as a comrade here at the facility, but the town board in Alexander will also miss him. He worked great with the Alexander Fire Department.
It was a year this month that we also lost (Dispatcher) Andy Merkle. So that's also been playing on our minds a year later, we're kind of going through something similar with someone we work with and it's unexpected.
Tom was a pillar of this organization. There are things that he did behind the scenes of this organization that we're going to have to figure out. I just wish he had the time and took the time to retire and enjoy his retirement and see it. But his long hard work doesn't go unnoticed in his years of service.
And I can't forget our daily talks as union presidents. He was DSA and I was GCSEA.
I hope the Sanfratello family finds comfort in knowing how many people truly love their brother, their uncle, and their father.
GS-9 will never be forgotten.
Until we meet again, we'll always think of you.
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.
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:
Previously:
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:
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:
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