Previously, The Batavian reported that a "metal chain" was allegedly used by Michael J. Elmore during an attack on Sgt. Thomas A. Sanfratello early Sunday morning at Batavia Downs.
Batavia PD has issued a statement clarifying that it was a" thick piece of jewelry or necklace commonly worn around one's neck."
Besides this clarification, The Batavian must make its own correction. We erroneously reported that Elmore left the casino and retrieved a chain. This was an assumption on our part, and we should never make assumptions in our reporting. Court documents do say that Elmore left the building and "immediately" returned, but nowhere does it mention that he retrieved any object in the process. We regret the error and apologize to the Sanfratello family for this error and any additional upset it may have caused.
A member of law enforcement accused us of sensationalizing the story.
We never seek to sensationalize crime stories. It's not necessary. Typically, the facts themselves speak for themselves. Except for the assumption about Elmore retrieving the chain, the rest of our prior stories were based on assertions contained in the charging documents.
The accusatory instrument states on the burglary charge that Elmore "re-entered the building holding metal chains, a dangerous instrument, that he passed between both hands while swinging them around making threats of use. The defendant used the metal chain to assault Sgt. Sanfratello by repeatedly striking him about the head and face."
On the aggravated manslaughter charge, the document states, "... the defendant did cause the death of Sgt. Thomas Sanfratello by the Genesee County Sheriff's Office by repeatedly striking him about the head and face with his fist and a metal chain and by having him in a chokehold."
The aggravated assault charge also refers to the chain as a "dangerous instrument."
NYS penal code refers to a "dangerous instrument." as an object that can cause death or serious physical injury. We should note that a necklace could, in fact, be used as a weapon and cause a serious injury.
As a matter of transparency, here are links to the accusatory instruments:
