When Michael L. Elmore, being held at the time in the Genesee County Jail, learned on March 10 that Sgt. Thomas A. Sanfratello had died following a disturbance at Batavia Downs; he waved his hands and exclaimed, "No, no, no, no, no, no, no."
He then told Det. Jason Iverson, "I didn't kill nobody, bro."
Until then, Elmore apparently didn't understand why he was being held in jail along with his girlfriend, Lyndsey Wilcox.
His statements are included in a decision by County Court Judge Donald O'Geen in response to a motion to suppress statements by Elmore while in custody before he was charged with a crime.
O'Geen ruled that Elmore's statements were either made voluntarily when not being questioned or after he had been read his Miranda Warnings so the statements could be used at trial. The trial of Elmore and Wilcox is currently scheduled for June.
The Batavian obtained the motions and decisions issued so far in the case after they were made public recently.
Elmore is charged with multiple charges for his alleged attack on Sanfratello, including aggravated manslaughter in the first degree, and Wilcox also faces several charges, including burglary and assault.
According to O'Geen's written decision, the judge reviewed video from a body-worn camera that was left sitting on a desk so it could record Elmore and Wilcox (in separate cells) while they were being detained. He said five hours of footage were captured.
Most of the time, Elmore was quiet.
"At other times, he is heard on the recordings casting insults and threats at corrections officers demanding to know what charges he faces, and talking with his co-defendant Lyndsey Wilcox," O'Geen writes.
When Ivison first arrived with Det. Eric Hill, Elmore said, "I just want to know what's going on."
Ivison told him, "we'll go over that" and told him, "we're here to talk about what happened at Batavia Downs."
The detective informed Elmore that they were trying to figure out what happened. That they had reviewed video footage and talked with multiple witnesses.
"I gotta refuse ... " Elmore says before Ivison interrupts him.
"Hold on. Before you start, I want to go over a couple of things and make sure you understand your rights."
Then Ivison says, "I also want you to know that the deputy that was there, I don't know if anybody told you this yet or not, but he died."
O'Geen states that Elmore was visibly upset by the news and makes his statement about not killing anybody.
"We're not saying you did," Ivison says. "We're just trying to get your side of the story. I'm just being up front and honest."
Elmore interjects, "I gotta refuse the services of a ... " and O'Geen says he breaks off at the letter "L."
O'Geen writes, "Suggesting that he might have intended to say the word 'lawyer." What word he intended is a matter of speculation, however, because he did not say it."
Iverson interrupted and told him he would advise him of his rights, which he did. Elmore did not ask to speak with an attorney before answering questions.
O'Geen does not include any further portion of the interview. He ruled last month, "The court finds the people have shown beyond a reasonable doubt that the defendant's statements to law enforcement were voluntary."
In a separate ruling, O'Geen said Wilcox could stand trial on a burglary charge.
Her attorney argued in a separate motion that case law precludes the burglary charge because, in his view, there was no evidence she stayed at Batavia Downs after being told leave with the intent to commit another crime. A burglary charge requires a person to enter or stay on premises unlawfully with the intent to commit some other crime.
O'Geen found there was sufficient evidence of intent for a jury to consider the charge.
