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.
Calling hours will be from 2 to 8 p.m. on Friday at the Call Arena.
Burial will follow the funeral at St. Joseph Cemetery.
Sanfratello graduated from Alexander Central School in 1987. He went on to complete his Paramedic Certification while being an active member of the Alexander Fire Department from 1986-2003. Thomas began his career with the Genesee County Sheriff's Office as a dispatcher on February 29, 1992. Thomas was appointed as a Deputy Sheriff in 1996 and attended the Erie County Law Enforcement Academy, 88th class. He was promoted to Road Patrol Sergeant in 2007.
The precise cause of Sanfratello's death has not been released. It's been described as a medical event, but court documents obtained by The Batavian reveal that Michael J. Elmore, 33, of Batavia, is accused of attacking Sanfratello with metal chains, striking him on the head and face, hitting him with his fists, and placing him in a chokehold.
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 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.
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.
Batavia Notre Dame United's historic season—a sectional title and 22 wins—came to a disappointing end in the state semifinals of hockey in Buffalo on Saturday.
United lost to Skaneateles, the defending Division II champions, 7-2.
In the annual Exceptional Seniors Girls Basketball game between Genesee Region and Niagara Region, played in Orleans County on Friday, Genesee won 66-37.
The Easter Bunny photobombs Paisley Dieter, 18 months, and Emmaline Dieter, 5, while Ashley Russo gets a shot at Oliver's Candies on Saturday. Paisley was a little unsure about this Easter Bunny thing. Photo by Howard Owens.
Paisley Dieter and Emmaline Dieter. Photo by Howard Owens.
Mayle Fagan and Autumn Fagan, both 9, with the Easter Bunny and Kim Fagan. Photo by Howard Owens.
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."
During an altercation with a criminal suspect at Batavia Downs shortly before 1 a.m. on Sunday, a Sheriff's Office sergeant became unresponsive and, despite life-saving attempts by Batavia Downs security staff, was later pronounced dead by the Genesee County Coroner.
Thomas A. Sanfratello, 54, was a 32-year veteran of the Sheriff's Office. He was working a special assignment detail at the Batavia Downs while on duty.
The investigation has been transferred to the Batavia Police Department, which issued a statement about the case Sunday afternoon.
“Our thoughts and prayers go out to the family members of Sergeant Sanfratello and all the members of the Genesee County Sheriff’s Office at this extremely difficult time,” said Batavia Police Department Chief Shawn Heubusch.
The Sheriff's Office also released a statement expressing its deep regret and sorrow at Sanfratello's passing.
Michael J. Elmore 2013 File Photo/Booking Photo
The statement also stated, "Sergeant Sanfratello’s family would like to extend their sincere appreciation for all the overwhelming support they have received from friends and fellow first responders."
According to Heubusch, Sheriff's Sergeant Sanfratello and casino security were notified about an altercation inside the facility.
Heubusch said that Sanfratello and security were notified about 12:45 a.m. of a possible fight inside the casino. After an initial verbal confrontation inside Rush 34, Sanfratello and security staff began escorting two patrons from the facility.
The patrons are identified as Michael J. Elmore, 33, and Lyndsey Jean Wilcox, 39.
As they were escorted, Wilcox is accused of becoming physically combative with Sanfratello. With the assistance of security officers, Wilcox was restrained and placed under arrest.
At that point, Elmore allegedly interfered with her arrest and attacked Sanfratello.
Security officers and civilians attempted to assist Sanfratello. A fight ensued. Sanfratello attempted to use his taser to subdue Elmore but Elmore reportedly kept fighting.
During the fight, Sanfratello became unresponsive. People on scene began CPR.
The life-saving attempts were unsuccessful.
Heubusch said no further details are being released at this time.
Charges are expected against Elmore, according to Heuubusch. He did not elaborate.
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.
Gilmart Funeral Home and Cremation Company in Batavia is handling funeral arrangements. More information about funeral plans will be released later.
He served two years in state prison on the attempted burglary charge. His parole ended in 2021.
UPDATE: Henry Wojtaszek, CEO of Western Regional OTB, released the following statement:
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 safety of our guests and our dedicated staff is our highest priority, and we will continue to work with our partners in law enforcement throughout their investigation.
We are committed to assisting the SanFratello family and the entire community through this difficult time.
In an interview with The Batavian, Wojtaszek 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. He reiterated during the interview, "We are committed to the safety and security of our patrons."
UPDATE 6:05 p.m.: Heubusch said Elmore is in custody pending charges.
According to Heubusch, this is an ongoing investigation. Witnesses and people with video of the incident are asked to come forward. The Detective Bureau can be reached at 585-345-6311 or submit a tip at www.bataviapolice.org.
Grace Strassburg as the title character in the Pembroke High School production of "Cinderella." Photo by Howard Owens.
Opening on Friday night in the Pembroke High School Auditorium is the school's production of the musical "Cinderella."
Performances are at 7 p.m. on Friday and 2 and 7 p.m. on Saturday. Tickets are $12 for adults and $10 for students.
"Come watch that sweet, innocent young maiden as she is terrorized by those closest to her and by the evasive love she so desperately craves," said Director Andy Clark. "Witness a brand new script with new characters and new songs in addition to some of the songs and characters from the original musical."
The cast:
Cinderella, Grace Strassburg
Prince Topher, Charles Stringham
Madame, the Stepmother, Sarah Forness
Charlotte, Stepsister, Emily Guilian
Gabrielle, Stepsister, Mikayla Stringham
Marie, the Fairy Godmother, Lindsey Zanghi
Sebastian, the Lord Chancellor, Sam Burton
Lord Pinkleton, James Childs
Jean Michelle, Micah Forness
"Our show this year also features a brand new set design team that far exceeded my expectations," Clark said. "I call them the 'Amazing Eight.' They are Stephanie and Tim Benson, Jessica and Zack Dawson, Summer Forness, Justin Reynolds, Patti Schafer and Rodney Stringham. We couldn't have done this show without them. "
A season marked by major accomplishments, including the school's first-ever sectional championship in Boys' Basketball, ended for Byron-Bergen on Wednesday with a 61-45 loss to Lyons in the Class C crossover game.
In addition to the sectional championship, Brayden Chambry set a new school record for scoring, and Roxanne Noeth became the first woman coach in Section V Boys' Basketball history to win a sectional title.
On Wednesday, Chambry scored 13 points, and Colin Martin scored 12.
Le Roy Jr.-Sr. High School presents "Chicago," a teen edition of the musical, this Thursday, Friday, and Saturday.
All show times are 7 p.m. Performances are in the school auditorium.
Tickets at the door are $15 for adults and $12 for students and senior citizens.
The music is by John Kander, book by Fred Ebb.
The cast includes Aubrey Puccio as Velma Kelly, Anna Long as Roxie Hart, Ethan LaBarbera as Fred Casely, Jameson Zitz as Sergeant Fogarty, Kira Ryan as Matron "Mama" Morton, Judge Biviano as Amos Hart.
The artistic director is Jacqueline McLean, Joe Kusmierczak is the co-director, and the choreographer is Jessica Pcioneck.
Chad W. Burgess, 37, of St. Paul Street, Rochester, is charged with criminal possession of a controlled substance 2nd, two counts of criminal possession of a narcotic with intent to sell, three counts of criminal possession of a controlled substance with intent to sell, tampering with physical evidence, criminal use of drug paraphernalia 2nd, and unlawful fleeing a police officer. Burgess is accused of fleeing a traffic stop at 1:51 a.m. on Feb. 25 on Lewiston Road, Batavia. Both deputies and troopers pursued him before being captured on Park Road, Batavia. He was allegedly found in possession of a large quantity of narcotics. Burgess was held pending arraignment. The investigation was led by Deputy Ryan Mullen, assisted by Deputy Jeremiah Gechell.
Oraid Blackshear
Oraid J. Blackshear, 19, of Batavia, is charged with criminal possession of a weapon 2nd, tampering with physical evidence, resisting arrest, and obstructing governmental administration 2nd. Blackshear is accused of fleeing police on foot and resisting arrest on Feb. 16 after officers attempted to take him in custody on a warrant. He was allegedly found in possession of a loaded firearm. Blackshear was arraigned and jailed on $1,000 cash bail.
Nikkia M. Farias, 26, of Batavia, is charged with obstructing governmental administration 2nd and resisting arrest. Farias is accused of trying to prevent police officers from arresting another person on Feb. 16 by pulling them away from officers as they attempted to take the suspect into custody. She was issued an appearance ticket.
Alan D. Tidd, 34, of Batavia, is charged with four counts of failure to register or verify as a sex offender, second offense. Tidd is accused of failing to register four internet identifiers related to social media accounts and a phone number. He was arraigned in City Court on Feb. 16 and jailed.
Wendy L. Henry, 39, of Batavia, Brian M. Raphael, 35, of Batavia, and Jessica D. Delcour, 41, of Batavia. Henry, Raphael, and Delcour are accused of illegally entering an apartment on Feb. 12 on Fisher Park. All three were issued an appearance ticket.
Lisa R. Richmond, 35, of Batavia, was charged on Feb. 14 with petit larceny. Richmond is accused of stealing money allegedly intended for a Batavia City School fundraiser. She was arraigned and released on her own recognizance.
Douglas G. Goodwin, 32, of Batavia, is charged with criminal trespass 3rd. Goodwin is accused of unlawfully entering a building on Harvester Avenue on Dec. 27. He was issued an appearance ticket.
John A. Cabrera, Sr., 56, of Batavia, is charged with criminal contempt 2nd. Cabrera is accused of violating a stay-away order on Feb. 11 on Washington Avenue, Batavia. He was arraigned in City Court and released.
John H. Bush, Jr., 40, of Batavia, and Jennifer K. Freeman, 40, of Batavia, were both arrested on Feb. 15 on warrants issued by City Court. The warrants stem from a traffic stop on June 30. Bush was charged with driving on a suspended registration, aggravated unlicensed operation, resisting arrest, and criminal possession of a controlled substance 7th. Freeman was charged with criminal possession of a controlled substance 7th. Both are accused of failure to appear in court. They were arraigned and released.
Juan L. Figoura, 21, of Batavia, was arrested on a pair of warrants on Feb. 20. The first warrant charges Figoura with criminal contempt 1st, for allegedly violating an order of protection July 14. The other is related to an incident reported on Aug 17. Figoura is charged in that case with criminal contempt 1st, grand larceny 4th, criminal mischief 4th, petit larceny and harassment 2nd. Figoura was arraigned in City Court and remanded to the Genesee County Jail.
Ihsaan Y. Parker, 22, of Rochester, was arrested on Feb. 22 on a warrant. Parker was initially charged on Aug 2, with operating a motor vehicle with registration suspended, aggravated unlicensed operation 3rd, and operating without a valid inspection. Parker is accused of failure to appear in court as ordered on the initial charges. He was arraigned in City Court and released.
Elijah G. Schultz, 29, of Mill Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, uninspected motor vehicle, consumption of alcohol in a motor vehicle, and unlicensed operator. Schultz was stopped in the Village of Le Roy at 1:36 a.m. on Feb. 12 by Deputy Ryan Mullen. He was issued an appearance ticket.
Gregory George Goodberlet, 66, of Lyman Road, Byron, is charged with DWI, aggravated unlicensed operation 1st, aggravated unlicensed operation 2nd, unlicensed driver, and moving from lane unsafely. Goodberlet was arrested at 4:39 p.m. on Feb. 19 at a location on Lyman Road following a welfare check. He was issued an appearance ticket and released.
Madeline Anne Morrison, 25, of Wood Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving on a suspended registration, and drinking alcohol or using cannabis in a motor vehicle on a highway. Morrison was stopped at 2:44 a.m. on Feb. 24 on Clinton Street Road, Batavia, by Deputy Jacob Kipler. She was issued an appearance ticket.
Michael Louis Harris, 55, of Marlbank Drive, Rochester, is charged with DWI, failure to keep right, and moving from lane unsafely. Harris was stopped at 1:19 a.m. on Feb. 25 on Clinton Street Road, Bergen, by Sgt. Mathew Clor. He was held pending arraignment.
Cody Alan Bush, Sr., 38, of Columbia Avenue, Batavia, is charged with aggravated harassment 2nd. Bush is accused of threatening the life of another person during a telephone call at 8:31 a.m. on Jan. 22. He was issued an appearance ticket.
Ross Conrad Poodry, 35, of Bloomingdale Road, Akron, is charged with felony DWI, aggravated unlicensed operation 1st, reckless driving, speed not reasonable and prudent, and failure to stop at stop sign. Poodry was reportedly involved in a property damage accident at 10:11 p.m. on Feb. 28 on Akron Road, Pembroke He was held pending arraignment.
Victoria Helen Richards, 48, of Park Road, Batavia, is charged with endangering the welfare of a child. Richards is accused of providing a child with drugs while at the Quality Inn and Suites at 2 p.m. on Feb. 27. Richards was issued an appearance ticket.
Dustin Larry Stump, 53, of State Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and driving a vehicle without an inspection certificate. Stump was stopped at 4:10 p.m. on March 1 on Byron Holley Road, Byron, by Deputy Zachary Hoy. He was released on an appearance ticket.
Rosemary Renee Waters, 37, of East Main Street Batavia, is charged with criminal possession of a controlled substance 7th and criminal trespass 3rd. Waters was arrested following a traffic stop and roadside investigation by Deputy Jonathan Dimmig and Deputy Zachary Hoy on Feb. 25 at 4:05 p.m. on Beaver Meadow Road, Byron. Waters is accused of trespassing on CSX Railroad property and possessing a controlled substance. She was issued an appearance ticket.
Christy Lynne Thurston, 49, of Fetzner Road, Rochester, is charged with DWI, aggravated DWI, resisting arrest, open container, failure to keep right, speeding not reasonable and prudent, and moving from lane unsafely. Thurston was arrested following the report of a motor vehicle accident at 2:59 p.m. on March 3 on Lockport Road, Oakfield, investigated by Deputy Mason Schultz and Deputy Morgan Ewert. Thurston was released on an appearance ticket.
Kristen Lynn Fix, 49, of Washington Avenue, Batavia, is charged with DWI, resisting arrest, obstructing governmental administration 2nd, moving from lane unsafely, and unlicensed driver. Fix was stopped at 10:12 p.m. on March 2, on East Main Street, Batavia, by Deputy Zachary Hoy. She was held pending arraignment.
Matthew J. Callaghan, 33, of Blue Spruce Drive, Rochester, is charged with DWI, aggravated DWI, and side windows not transparent. Callaghan was stopped at 12:24 a.m. on March 2 on Clay Street, Le Roy, by Deputy Carlos Ortiz Speed. He was released on an appearance ticket.
There is a report of five vehicles involved in an accident at Route 98 and Federal Drive, Town of Batavia.
No word on injuries. It is blocking traffic.
Town of Batavia and Mercy EMS dispatched.
UPDATE 9:08 a.m.: Possibly seven vehicles involved. Traffic is closed northbound, and a deputy is requested to close southbound traffic at Saile Drive. Apparently, any injuries are minor.
UPDATE 9:29 a.m.: All patients are believed to be sign-offs.
A pickup truck has hit the rear end of a semi-truck on the Thruway in the eastbound lane near mile marker 387.2.
A victim is trapped in the vehicle with possible serious injuries. A landing zone is being set up for Mercy Flight.
Animal control has been dispatched to assist with two dogs in the pickup truck
Town of Batavia Fire, Le Roy Fire, and Mercy EMS dispatched.
UPDATE 7:51 a.m.: A possible secondary accident, possibly a tractor-trailer rollover, is reported near the first accident.
UPDATE 8:08 a.m.: There are no dogs involved. Animal Control is back in service.
UPDATE 8:10 a.m.: The victim has been extricated.
UPDATE 8:17 a.m.: The secondary accident was jack-knifed truck. A chief at the first accident reports that was the location with the dogs. A dispatcher asked if Animal Control was still needed, and the chief said, "I don't have that information at this point." The location is 387.0, eastbound.
UPDATE 8:21 a.m.: The jack-knifed truck is on its side. That is where the dogs are. A deputy is requested to go secure them. Animal Control is dispatched to Prole Road and Byron Road.
UPDATE 8:23 a.m.: Mercy EMS dispatched to Prole Road and Byron Road for a patient involved in the second accident.
UPDATE 8:29 a.m.: A Batavia patrol officer is requested to Oak Street and the Thruway interchange to assist with traffic.
UPDATE 8:33 a.m.: Animal control has secured the dogs and they are being transported to the Animal Shelter.
UPDATE 8:45 a.m.: One eastbound lane is being reopened.
Saturday's win at Blue Cross Arena by Byron-Bergen over Alexander was more than the Bees claiming the Class C2 title.
It was also history.
It was the school's first Section V championship in boys' basketball. The last basketball title for the Bees came 40 years ago for the girls, and Roxanne Noeth, this year's boys coach, was a star on that girls team, so Noeth has the distinction of being the only person with a piece of both of Byron-Bergen's basketball titles.
And as far as any school official knows, any Section V official knows, and by consensus of all the media covering the game -- Noeth is also the first woman in Section V history to coach a boys' team to a championship title.
One Section V official said there have been other women coaches in Boys Basketball but he doesn't believe any of them ever won a championship.
Being the first woman coach to win a boys' title is "cool," Noeth said.
"But I'm just excited for my alma mater, Byron-Bergen, because I know a lot of great players have played here and they've never achieved this level of success. I just think it's really super cool."
About wining the first boys title, she added, "It's pretty incredible. Like, no doubt, pretty incredible. I don't know. Like I said, I graduated from there. I know a lot of great players that have played there, including Ricky Palermo sitting there and his brother Jimmy. It's just, it's just amazing. Like, it's surreal."
Palermo was excited to see his former team win its first championship, and led by his friend, Roxanne.
"This is just amazing," Palermo said. "There are a lot of years that we came within one point to getting this far, and now we made it. It's just incredible to be part of this. They worked hard all year, and it paid off. Roxanne does a great job."
A big part of the credit for the championship should also go to Braedyn Chambry, who dominated not just on Saturday, but throughout the season, and in the process, becoming the school's career scoring leader.
He was excited to be part of the historic moment.
"Just winning sectionals alone is really awesome because we're going to be remembered forever at the school as the first team ever to do it, but also, we have the first girl coach ever to do it. It means so much, especially with our team. We've been a family since third grade, working together as a family to get here. It means so much more to win with people you love."
Many of the players on the Bees are also the same athletes who carried Byron-Bergen to a shot at a state championship in soccer this fall, including Chambry.
Noeth said that success taught her players that they could persevere.
"They've got that winning attitude," Noeth said. "They knew that if they got down throughout their soccer season, that there's just no quit in them. They were always gonna go as hard as they could. They were gonna play for each other. And they were just gonna do all the things if they had to, whatever it took to make sure they came out on top. So really proud of them in that respect."
Chambry said there is s a core group of athletes in Byron-Bergen who have been together since they were children, and they know they can count on each other.
"No matter what we do, we're doing it together, in sports or out of sports, our little group, we love each other, we take care of each other," Chambry said. "We work hard with each other. We sweat with each other, and we want to win together. It's all that matters to us."
Alexander Head Coach Jalen Smith The other storyline of the game was the return of Jalen Smith to Blue Cross Arena. Smith led the Batavia Blue Devils in 2013 to a Section V title by scoring 25 points at Blue Cross, then was part of the team with Justin Washington and Jeff Redband, who was a first-year varsity player, that won a Far West Regional game on a Redband buzzer beater in the same venue, giving the Blue Devils a shot at a state title. Batavia lost to Watervliet, led by two D1 recruits at guard, in the state semifinal in Glens Falls, 60-53.
This year, Smith made his high school head coach debut with the Alexander Trojans, taking over a program that had been 6-14 last season and leading it to a 19-5 record and sectional title shot this season.
"It was something we honestly talked about in the summer and the hope that we can maybe get here," Smith said. "It was really just unbelievable to see this group get to Blue Cross. I've been talking to them all week about my experiences here. The wins and the losses that come with it, how hard you really have to play to win one of these games. I think they really answered the call. And I just think we came up short a little bit in some areas."
Smith said he was well aware of the Trojans' past struggles when he agreed to take the job, but he knew the talent on the team and thought he could win with the players already on the roster.
"When we took over this program, I knew what came with it," Smith said. "I knew some of the players from the summer and spring ball. And actually, we had these expectations early. We bring energy. We really try to bring the best out to each player. And we knew we had size. We knew we had athleticism and scoring, so we knew we really had a chance with this group."
Smith played for one of Section V's most legendary coaches, and as a JV coach was for a time part of Buddy Brasky's program at BHS as a coach, and he said Brasky has been a huge influence on him.
"Everything you see that I do is basically Buddy Brasky from the defense to my mannerisms, that passion," Smith said. "It's funny because I get the quote that I'm like a younger Brasky. I take everything from him. That's someone I've always looked up to and someone who I will continue to learn from."
Noeth praised Smith's success in turning around the Alexander program and said she knew going into the game, the two teams were mirror versions of each other.
"We both have a dominant big man," Noeth said. "We have good guard play. I knew their guards were a little more scoring-oriented than ours, but we just had to play one possession. We just got to beat them on one possession, and then we're all right. So, I mean, even when we give up a lead, and we go down, (the team) just never loses faith. And that's what you want."
Smith said he coaches Chambly in summer league and thought he had a good game plan to slow him down, but he's hard to beat.
"I we knew what he was going to bring," Smith said. "We had a good answer for him. It's just he won the matchup today. So, I give him credit."
Chambry scored 24 points for the Bees. Colin Martin scored 14 points. Brody Baubie and Brendan Pimm each scored six points.
For the Trojans, Kingston Woods scored 22 points, and Trenton Woods scored 12.
Brian and LeeAnn Swimline, owners of The Family Diner in West Batavia, which is closing on Sunday. Photo by Howard Owens.
A lot can change over four decades.
Eleanor Swimline remembers that when she and her husband, Harold "Red" Swimline, first started running The Family Diner on Pearl Street Road in West Batavia in 1980, eggs and toast cost 50 cents, coffee was a dime, and a hamburger or slice of pie was a quarter.
"Everything changes over the years," said Eleanor. "I've had a lot of things change over the years. It's hard to describe all of the changes."
A big change came 17 years ago when her son Brian and his wife LeeAnn took over the business and leased the building from Eleanor. And things changed again when COVID-19 struck, and those changes have a lot to do with the decision by Brian and LeeAnn to close the diner. The diner's last day of business is Sunday.
"It's just sad," Brian told The Batavian on Friday morning. "I wish I didn't have to do it. It was a tough decision to come to, but it's realistic."
Before COVID, The Family Diner was open for breakfast, lunch, and dinner, even on Mondays. Since the pandemic, it's been closed on Mondays and open only for breakfast and lunch, and the breakfast and lunch crowd is dwindling.
Brian said food costs are going up, the cost of help is going up, and people aren't seeking out sit-down meals like they used to.
"The main thing (as a result of COVID) in my opinion, is, people realized during those four months how much money you save when they're not eating out all the time," Brian said. "That is a big thing right there."
Eleanor also blames the rise of fast-food chains -- that competition for people's dining dollars started before the pandemic, but the pandemic seems to have only made matters worse.
"When I started, there weren't all the fast-food places like there are now," Eleanor said. "Families all came here. I mean, I had people who were here three times a day. When they came along with fast-food places, that changed a lot."
A story that appeared on Friday in Bloomberg News supports her theory.
"Fast food -- the most prevalent dining option across the US -- has seen profit margins improve compared with those at sit-down, non-chain eateries, despite its price increases outpacing those of table service," Bloomberg reported.
Brian said he hasn't yet started losing money on the restaurant. Still, the profit margin has become so slender it isn't worth the extra hours of work -- he also owns a dump truck business with his brother -- and the difficulties that go with running a food business.
Eleanor talked about the difficulty in finding help. She remembers when teenagers used to line up for dishwasher jobs. Now, they don't come around looking for that kind of work.
"After a while, you get burned out," said Eleanor, who still helps at the restaurant. "The finances. It's hard to get help. Everything is different since COVID. It really just destroyed things, and prices have gone up."
To stay in business, Brian said, he would need to charge $20 for a breakfast that now costs $10. He doesn't see that kind of price for a breakfast meal as an option.
"Ever since the pandemic, we've seen a lot of it is people saving money," Brian said. "A lot of it is fast food, also, employees, inflation, with what you've got to pay people now, it's tough. It's just all bottling up. I'm frustrated. I don't want to do it (close), but for all the work you do, it's just not really worth it, you know?"
And Brian doesn't blame people for wanting to save a buck here and there.
"Personally, if I was looking at the same situation, I'd go, 'Look, I saved all this money. I do it. Wouldn't you?" Brian said. "The times change. You see less and less of these places. That's what's sad. Now it's Applebees or it's this or that but you like to go to places where you know everybody, and basically strangers come in and by the time they leave they're your friends."
Brian started working in his parents' business when he was 10. He washed dishes, and he remembers making doughnuts before catching the bus for school. He's always loved the business, he said, especially the customers.
"I just like people," Brian said. "I like seeing how happy they are when they're here. The joking around, you know, the closeness, I like seeing other people talking with each other. This is just natural to me."
He said that he doesn't think the full weight of closing the business has really hit him yet.
"It's really gonna affect me next week," he said. "When it comes Tuesday, then it's gonna really mess with me. I know it, you know. You just gotta accept it for what it is, you know? I don't know. Regroup? See what happens, I guess."
