NOTE: Before reading further, read this: Clarification and Correction: 'thick piece of jewelry' allegedly used in attack on officer
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.
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.
Elmore has a lengthy arrest recording. 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.
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.
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