NOTE: Before reading further, read this: Clarification and Correction: 'thick piece of jewelry' allegedly used in attack on officer
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.
Previously:
- Sheriff's Office sergeant dies in the line of duty while trying to make arrest at Batavia Downs
- Batavia man charged with manslaughter in death of Sheriff's Office sergeant during confrontation at Batavia Downs
- Court documents say Elmore used chains to beat officer, placed him in a chokehold
- Funeral services announced for Sgt. Thomas A. Sanfratello
