Photo by Howard Owens
Some in the community may want Michael J. Elmore, accused of causing the death of Sgt. Thomas Sanfratello on March 10 at Batavia Downs, to face a murder charge, but District Attorney Kevin Finnell said he believes a Genesee County Grand Jury reached the correct decision when it delivered an aggravated manslaughter count against Elmore.
Finnell said that, as a legal matter, he couldn't reveal whether the Grand Jury even considered a murder charge or if he sought murder as a possible count against Elmore, but he did say the Grand Jury reached its conclusion for the counts against Elmore based on evidence.
"As you know, I can’t discuss what transpired with or in the grand jury, so I can only say that the charges that were filed with the indictment were supported by the evidence," Finnell said. "As for the original charging decisions, I would advise that my office and the Batavia City Police Department had discussions regarding the charges that would be filed by BPD, and those that were filed were the most appropriate given the information that was available at the time."
Elmore is accused of fighting with Sanfratello when the 32-year veteran of the Sheriff's Office tried to eject Elmore and Lyndsey J. Wilccox from a bar at the casino.
According to charging documents filed immediately after Elmore's arrest, Elmore left the facility and returned with a heavy metal chain in his hands. The chain was apparently jewelry he was wearing at the time. Elmore is accused of hitting Sanfratello with his fists and with the chains and, at one point, getting Sanfratello in a chokehold.
A source connected to the investigation has told The Batavian that Elmore wrapped the chain around his fist and hit Sanfratello with it wrapped around his fist. Finnell said he couldn't discuss exactly how the defendant may have deployed the chain.
"The information we have about the incident involving the chain specifically is that Mr. Elmore removed it from his neck and held it in his hand as he fought with Sgt. Sanfratello and Batavia Downs Security," Finnell said. "Mr. Elmore threw punches with the chain in his possession. I can’t comment further on the manner in which the chain was utilized."
Elmore's social media posts indicate that he has, on occasion, worn heavy metal chain necklaces.
The incident that led up to Sanfratello's death began at 12:43 a.m. on March 10, a Sunday morning following a pair of events at Batavia Downs on Saturday night, when Sanfratello and Batavia Downs security responded to the Rush 34 bar for a disturbance. There, Sanfratello confronted 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.
As Wilcox was being arrested, Elmore became involved and was also ordered to leave. He reportedly walked out of the building and came back in with a chain in his hand (a chain he was apparently wearing that night).
During the struggle, which included assistance from Batavia Downs security, Sanfratello reportedly tried to deploy his taser in an attempt to subdue the person attacking him.
According to initial reports, Sanfratello suffered a medical emergency during the struggle and became unresponsive. There was extensive effort, according to witnesses, to revive him with CPR. He was later pronounced dead by a county coroner.
Elmore was indicted by the Grand Jury on counts of:
- Aggravated manslaughter in the first degree, a Class B felony. He is accused of intending to cause serious physical injury to a police officer and, as result, causing the death of a police officer;
- Aggravated criminally negligent homicide, a Class C violent felony. He is accused of causing the death of Sanfratello with criminal negligence;
- Assault in the first degree, a Class B violent felony. Elmore is accused of causing the death of Sanfratello while in the commission of another crime, burglary in the second degree;
- Burglary in the second degree, a Class C violent felony. He is accused of knowingly entering a building unlawfully with the intent to commit a crime in the building and threatening to use or did use a dangerous instrument.
Elmore and co-defendant Wilcox are indicted on counts of:
- Burglary in the second degree, a Class C violent felony. Elmore and Wilcox are accused of remaining unlawfully in a building with the intent to commit a crime in the building and, while in the building, causing serious physical injury to another person;
- Assault in the second degree, a Class D violent felony. Elmore and Wilcox are accused of causing physical injury to a police officer who was in the act of performing his official duties;
- Obstruction of governmental administration in the second degree, a Class A misdemeanor. The pair is accused of trying to intentionally prevent a police officer from performing his official duty by means of intimidation, physical force, or interference.
Wilcox is separately charged with resisting arrest, a Class A Misdemeanor. She is accused of intentionally trying to prevent her legal arrest.
Elmore and Wilcox will be arraigned in County Court on the counts in the indictment on May 20.
For previous coverage of the death of Sgt. Sanfratello, click here.
