Michael J. Elmore ended an eight-month ordeal Monday that began with the tragic events that took the life of Sgt. Tom Sanfratello with a guilty plea to aggravated manslaughter in the first degree.
Elmore faces a maximum of 20 years in prison for “intending to cause serious physical injury to a police officer, and as a result, causing the death” of Sgt. Thomas Sanfratello on March 10, 2024, at Batavia Downs.
Represented by attorneys Joseph Lobosco and Zack Baisley, a soft-spoken Elmore in his tan Monroe County Jail jumpsuit pleaded guilty to the Class B violent felony and to obstructing government administration in the second degree of “trying to intentionally prevent a police officer from performing his official duty by means of intimidation, physical force, or interference” before Judge Donald O’Geen in County Court.
His plea deal includes a “no more than 20-year determinant sentence,” when he could have served a few more years, Genesee County District Attorney Kevin Finnell said.
“Michael pled guilty to the top count in the indictment, and he pled guilty to a cap of 20 years, whereas the maximum, if there were a trial, would have been 25,” Finnell said. “I believe that's an appropriate plea for this case, based upon the facts and the indictment.”
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.
The incident that led up to Sanfratello's death before midnight on March 9, a Saturday night following a pair of events at Batavia Downs, when Sanfratello and Batavia Downs security responded to the Rush 34 bar for a disturbance. There, Sanfratello confronted Lyndsey 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, which continued into Sunday, and became unresponsive. There was extensive effort, according to witnesses, to revive him with CPR. He was later pronounced dead by a county coroner.
Wilcox also entered a guilty plea Monday to Count 6 of the indictment, assault in the second degree, a Class D violent felony. She pleaded to “causing physical injury to a police officer who was in the act of performing his official duties.”
Elmore and Wilcox were both 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 had also been separately charged with resisting arrest, a Class A Misdemeanor. She was accused of intentionally trying to prevent her legal arrest.
“The offer for Lyndsey included a maximum of six months incarceration, and she's done at least that at this time, so she couldn't get any more jail time. Initially, it's a revocable sentence promise, and it's a revocable, I guess, not a revocable plea, but it has conditions that she refrain from violating the law, cooperate with the probation department, and so forth. So that's why she was released,” Finnell said. “Her involvement was less than Mr. Elmore, and that's why her plea offer was to a D violent felony, and his was to a B violent felony. If Lyndsey had gone to trial and were convicted of the top count that she was charged with, I believe her sentence cap would have been 15 years on the top count.”
Her attorney, John LaDuca, with DuBois Law in Rochester, had asked that she be released on her own recognizance, however Finnell had requested that it be under supervision for her own benefit until sentencing. O’Geen agreed with Finnell, giving her a release under supervision with Genesee Justice.
“This is partially for your benefit,” he said. “If you slip up, the consequences are very large.”
Wilcox was ordered to appear to Genesee Justice after any court appearances and be accountable to that agency. O’Geen asked her attorney if she had any prospects of employment, and LaDuca said there were a couple of job opportunities “that are waiting for her.”
She cannot leave Genesee County without permission from the court or Genesee Justice and is subject to drug testing, and cannot operate a motor vehicle since she has no driver’s license. O’Geen also issued a curfew of 8 p.m. to 7 a.m., which “can be adjusted around work hours as necessary.”
Elmore was remanded to jail without bail. He is scheduled for sentencing at 9:30 a.m. Dec. 17. That may include letters and/or spoken testimony from the victim’s or defendant’s side, Finnell said.
Wilcox will be sentenced at 10 a.m. Jan. 21.
“I was glad that we could resolve this matter for our client, in our indications likely favorably. So that's the disposition that she chose to go with, and I'm glad that we could resolve this, this was more appropriate at this point,” LaDuca said. “So she's looking forward to getting on to probation, being a good probationer, anyway, so that's a level of supervision in any effect. She would be sentenced to probation at sentencing, and then it's shock probation, but she's already served more than this six months time, so when she gets sentenced, then her time is already served.”
For complete prior coverage of the case and related articles, click here.
