crime

Allister L. Gunter, 28, of Batavia, is charged with attempted assault 2nd, attempted robbery 3rd, four counts of unlawful imprisonment 2nd, two counts of criminal mischief 4th, three counts of endangering the welfare of a child, resisting arrest, two counts of obstructing governmental administration 2nd, and harassment 2nd. Gunter was charged following an incident reported on March 17 on Thomas Avenue. Patrol officers responded to a report of a disturbance. A victim reported a fight. Gunter is accused of barricading the door, requiring officers to make a forced entry into the residence. When officers attempted to take Gunter into custody, he allegedly resisted arrest and fought with officers. The victim alleges that Gunter attempted to assault her and would not allow her or her children to leave the residence. He allegedly prevented her from calling the police for help. He was arraigned and released under supervision.

Jorgia A. Fotiathis, 30, of Batavia, is charged with assault 1st and criminal possession of a weapon 4th. Fotiathis was arrested on March 19 following an investigation into an incident reported on March 4 on Hutchins Street.  Fotiathis is accused of stabbing another person. He was arraigned and jailed.

George J. Budzinack, 44, of Batavia, is charged with burglary 3rd and petit larceny. Budzinack is accused of entering Tops on March 29 after being barred from the property and stealing merchandise from the store on March 29. He was arraigned and jailed without bail.

Luc A Baillargeon, 42, of Batavia, is charged with menacing 2nd, criminal possession of a weapon 4th, and criminal contempt 2nd. Baillargeon is accused of throwing a knife at another person on March 27 during a fight on Prospect Avenue. He allegedly violated an order of protection by sending unauthorized text messages. he was arraigned in City Court and released.

James R Briggs, 48, of Walden Creek Drive, Batavia, is charged with criminal possession of a forged instrument 2nd and criminal possession of stolen property 5th. Briggs was arrested following a traffic stop on March 24. He was allegedly driving a vehicle with a stolen license plate and forged registration sticker. He was arraigned and released. Briggs is also charged with petit larceny. He is accused of shoplifting from Walmart at 7:34 p.m. on March 14. 

Mark L. Farley, 55, of Batavia, is charged with criminal contempt 1st and harassment 2nd. Farley allegedly threatened another person on March 23 in violation of an order of protection. He was arraigned and released. On March 25, he was charged with harassment 2nd in connection with an incident reported in February where he allegedly grabbed another person. He was issued an appearance ticket.

Miya R. Houseman, 23, of Batavia, was arrested on March 27 on a warrant. Houseman was initially arrested on a charge of DWI Nov. 21, 2021. A warrant was issued after she allegedly failed to appear in court. She was arraigned in  City Court and released. 

Martin J. Rodgers, 40, of Batavia, is charged with criminal contempt 1st. Rodgers is accused of violating a stay-away order of protection. He was arraigned in City Court and ordered jailed on $4,000 bail. 

Carl E. Canterbury, 53, of Batavia, was arrested on March 22 on a warrant. Canterbury was charged on Jan. 23 for allegedly operating a motor vehicle with a suspended registration. A warrant was issued after he allegedly failed to appear in court. Canterbury was arraigned and released. 

Joey A. Evans, 33, of Batavia, was cited for riding a bicycle on a sidewalk. Evans was charged after an accident on March 22. He allegedly struck a pedestrian while riding his bike. He was issued an appearance ticket.

Mark. A. Constable, 35, of Batavia, is charged with harassment 2nd. Constable is accused of grabbing another person by the arm during a dispute on Ganson Avenue on March 23. he was issued an appearance ticket.

Mark. A. Constable, 35, of Batavia, and Kayleen M. Laird, 28, of Batavia, are charged with theft of services. Constable and Laird are accused of leaving Gilliana's Diner on Jackson Street on March 19 without paying for their meals. They were issued appearance tickets.

Kenneth H. Avery, 53, of Byron, is charged with DWI. Avery was charged following a traffic stop on March 17 on Clinton Street by a Batavia patrol officer. He was issued an appearance ticket.

Ronald W. Lewis, 36, of Ogden, was arrested on March 20 on two warrants. The first warrant stems from a larceny complaint in July of 2023. Lewis allegedly stole merchandise from Tim Horton’s. The second is the result of a trespass charge in September of 2023 at UMMC. He was arraigned and released.

Canden J. Thomas, 29, of Albion, was arrested on March 20 on a warrant. Thomas was initially charged on Nov. 22 with aggravated unlicensed operation of a motor vehicle 3rd, leaving the scene of a property damage accident and other traffic violations after a motor vehicle crash on Bank Street. He was arraigned and released.

Nathan W. Campbell, 43, of Batavia, is charged with trespass. Campbell is accused of entering Save-a-Lot on March 28 after being barred from the property. He was issued an appearance ticket/

Lewis A. Morris, Jr., 69, of Batavia, is charged with criminal obstruction of breathing and harassment 2nd. Morris is accused of putting his hands around the neck of another person and of striking that person in the face during a disturbance on Brooklyn Avenue on March 15. He was arraigned and released.

Patricia M. Anderson, 39, of Batavia, was arrested on April 1  on two warrants on charges of criminal possession of a controlled substance 7th. The first warrant is related to an incident in August of 2023, where Anderson was allegedly found in possession of cocaine while being arrested on an unrelated warrant. The second warrant stems from an incident in October of 2023, where Anderson was allegedly found in possession of methamphetamine and fentanyl while again being arrested on another unrelated warrant. She was arraigned and released.

Douglas G. Bryant, 52, of Batavia, was arrested on a warrant on March 29 on a charge of criminal contempt 2nd. Bryant is accused of violating an order of protection by posting about the protected person on social media. He was arraigned in City Court and jailed.

Michael C. Smith, 32, of Batavia, is charged with petit larceny. Smith is accused of stealing merchandise from Tops on March 29. He allegedly fled the store. Store employees followed him to West Avenue and Union Street, where police took him into custody. He was issued an appearance ticket and turned over to the Sheriff's Office on a warrant.

Thomas Joseph Mitchell, 34, of Chestnut Street, Batavia, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation of a motor vehicle 3rd, unlicensed driver, and no inspection sticker. Mitchell was stopped at 3:50 a.m. on March 22 on Route 33 in Bergen by Deputy Jacob Kipler. He was issued an appearance ticket.

Jennifer Lynn McCoy, 46, of Main Street, Attica, is charged with grand larceny 4th, three counts of unlawful possession of personal identification information 3rd, and petit larceny. McCoy is accused of stealing $2,800.67 from a location on South Main Street, Oakfield, between Oct. 19 and Jan. 28. She is also accused of stealing a donated bicycle from a non-profit organization in Stafford on July 25. McCoy was issued an appearance ticket.

Joshua John King, 34, of Ross Street, Batavia, is charged with DWI and driving with a BAC of .18 or greater. King was stopped at 1:57 a.m. on March 24 on West Main Street Road, Batavia, by Deputy Jeremiah Gechell. He was processed at the Genesee County Jail and released.

Scott Robert Stine, 40, of Alleghany Road, Pembroke, is charged with DWI, reckless driving, open alcohol container in vehicle, speed unreasonable, and failure to keep right.  Stine was allegedly involved in a single-vehicle property damage accident at 9:22 p.m. on March 28 on North Lake Road, Pembroke. He was arrested by Deputy Ayron Blankenberg, processed at the Genesee County Jail, and released.

Michael Anthony Sweet, 38, of Raymond Avenue, Batavia, is charged with criminal possession of a controlled substance 7th. Sweet was stopped at 11:38 p.m. on March 26 on Clinton Street Road, Batavia, by Deputy Ryan Mullen. Sweet was allegedly found in possession of methamphetamine. He was released on an appearance ticket.

Jared Ryan Burns, 37, of Clinton Street Road, Batavia, is charged with falsely reporting 3rd. Burns is accused of calling emergency dispatch at 3:26 p.m. on March 31 to falsely report an incident that was "about to occur" at a location on Clinton Street Road. He was issued an appearance ticket.

James Thomas Cooke, 30, of Sandy Beach Road, Grand Island, is charged with DWI, driving with a BAC of .08 or greater, and unregistered motor vehicle. Cooke was stopped at 12:59 a.m. on March 30 on West Main Street, Batavia, by Deputy Jeremiah Gechell. Cooke was issued an appearance ticket.

Paul Lee, 52, of Helen Street, Rochester, is charged with criminal possession of a controlled substance 7th.  Following a complaint at 3:41 p.m. on April 2 on Buffalo Road in Bergen, deputies Mason Schultz and James Stack made contact with Lee. He was allegedly found in possession of narcotics. He was processed at the Genesee County Jail and released.

Matthew O'Neal Bader, 41, of Maple Street, Batavia, is charged with identity theft, 3rd, and criminal possession of stolen property, 4th. Bader is accused of stealing a credit card and using it to make purchases in the city of Batavia on March 15. Bader was processed at the Genesee County Jail and released.

Nickolas Adam Figlow, 22, of Oak Street, Batavia, is charged with making a threat of mass harm. Figlow is accused of making a threat of mass harm against a business on Lewiston Road, Batavia, on April 2. Figlow was processed at the Genesee County Jail and released.

Raymond Stanley is indicted on counts of burglary in the third degree, a Class D felony, grand larceny in the fourth degree, a Class E felony, criminal possession of stolen property in the fifth degree, a Class A misdemeanor, and criminal trespass in the second degree, a Class A misdemeanor. Stanley is accused of entering a building on Lake Street, Le Roy, with the intent to commit a crime. He's accused of stealing property with a value in excess of $1,000. He is accused of possessing stolen property with the intent to benefit himself while impeding the recovery of the property by the rightful owner. He is accused of being on property owned by another without authorization.

Jacob J. Russell and Connor L. Andrews are indicted on counts of criminal possession of a weapon in the third degree, a Class D felony and criminal possession of a controlled substance in the seventh degree. Both Russell and Andrews are accused of possessing brass knuckles while having been previously convicted of a crime on Dec. 23 in the city of Batavia. They're also accused of possessing cocaine.

Jennifer M. Shaffer is indicted on counts of aggravated driving while intoxicated, a Class E felony, and driving while ability impaired by drugs. Shaffer is accused of driving drunk and under the influence of drugs, a misdemeanor, in the city of Batavia on Oct. 10. Shaffer is accused of driving while impaired with a child age 15 or younger in the vehicle.

Susan A. Samanka is indicted on a count of failure to appear for a photo as a registered sex offender, a Class D felony. Samanka is a registered Level 2 sex offender and is accused of failure to provide a current photograph of herself within the time period provided for by law. She is also indicted on a count of sex offender failure to register change of address, a Class E felony.

Jarvis D. Seymore is indicted on counts of criminal possession of stolen property in the fourth degree, a Class E felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Seymore is accused of possessing a 2008 Nissan Altima on Oct. 28, 2022, with the intent to deprive the vehicle's rightful owner of the property. He's also accused of possessing cocaine.

Amy M. Gambino is indicated on a count of criminal contempt in the first degree, a Class E felony. Gambino is accused of violating an order of protection at a location on Alleghany Raod in Darien on Aug. 28.

Shante C. Johnson is indicted on a count of burglary in the second degree, a Class C felony, and criminal mischief in the fourth degree. Johnson is accused of entering a residence on Thorp Street, Batavia, on Sept. 26 with the intent to commit a crime inside the building. Johnson is accused of intentionally damaging a door and door frame at the residence.

Jarrod K. Foriathis is indicated on a count of escape in the second degree, a Class D felony, attempted escape in the second degree, a Class A misdemeanor, and criminal mischief in the fourth degree, a Class A misdemeanor. Foriathis, after being charged with a felony, allegedly escaped from custody at the Genesee County Jail on July 15. He is accused of attempting to escape. He is accused of damaging a wall at the jail.

Chad M. Johnston is indicated on counts of burglary in the second degree, a Class C violent felony, attempted burglary in the second degree, a Class D felony, and criminal mischief in the third degree, a Class E felony. Johnston is accused of entering a dwelling on Liberty Street on Dec. 6 with the intent to commit a crime inside. He is accused of attempting to enter the building. He's accused of damaging the property of another person with a value of more than $250.

Micahel J. Torres is indicted on counts of criminal possession of a controlled substance in the fifth degree, a Class D felony, criminal possession of a controlled substance in the third degree, a Class B felony, and obstructing governmental administration in the second degree, a Class A misdemeanor. Torres is accused of possessing more than 500 milligrams of cocaine with the intent to sell it on July 12. He is accused of attempting to prevent a public servant from performing the servant's official duties.

Mark L. Frongetta is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony, and menacing in the second degree, a Class A misdemeanor. Frongetta is accused of possessing a dangerous instrument with the intent to use it against another person in the town of Batavia on July 1. He allegedly placed another person in fear for his or her safety.

Paul Lee is indicted on counts of criminal possession of stolen property in the fourth degree, a Class E felony, two counts of identify theft in the third degree, a Class A misdemeanor, and two counts of petit larceny, a Class A misdemeanor. Lee is accused of possessing a debit card belonging to another person with the intent to deprive the other person of possession of the property. He is accused of the identity of another person. He is accused of stealing property at a location in Batavia on Aug. 24.

Lavar V. McKnight is indicted on a count of criminal contempt in the first degree, a Class E felony. McKnight is accused of violating an order of protection at 8250 Park Road, Batavia, on May 25. He is accused of pushing the protected person.

Neikia D. Newton is indicted on two counts of criminal possession of a controlled substance in the third degree, a Class B felony, criminal possession of a controlled substance in the fifth degree, a Class D felony, and aggravated unlicensed operation. Newton is accused of possessing with intent to sell more than a half ounce of cocaine in the city of Batavia on Sept. 27. Newton is accused of driving a 2012 Ford on Route 98 in Batavia on a revoked license.

Owen C. Scouten is indicted on counts of vehicular assault in the second degree, a Class E felony, DWI, a misdemeanor, driving with a BAC of .08 or greater, a misdemeanor, endangering the welfare of a child, a Class A misdemeanor, and unlawful dealing with a child in the first degree, a Class A misdemeanor. Scouten is accused of driving a vehicle on a public highway, Lewiston Road, Batavia, on Aug. 20 in such a way that it caused serious injury to another person. He is accused of acting in a way that knowingly endangered the physical, mental, or moral health of a child less than 17 years old. He is accused of providing alcohol to a child.

Terry J. Wickham is indicted on counts of criminal possession of a weapon in the second degree, a Class C felony, seven counts of criminal possession of a weapon in the third degree, and criminal possession of a rapid-fire modification device. Wickham is accused of possessing a loaded AR-15 firearm on Oct. 25 outside his home or business. He is accused of possessing an AR-15 with the ability to accept a detachable magazine, flash suppressor, muzzle break (sic) or muzzle compensator, folding or telescoping stock, and a pistol grip that extends conspicuously beneath the action of the weapon. He is accused of possessing six clips capable of storing more than 10 rounds. He is accused of possessing a binary trigger system. 

Kiara A. Bates is indicted on two counts of criminal possession of stolen property in the third degree. Bates is accused of possessing a stolen 2019 Accura with a value greater than $3,000 and of passing fragrances belonging to Ultra Beauty with a value in excess of $3,000.

Alicia M. Lyons, 44, of Batavia, is charged with four counts of trespass and one count of obstructing governmental administration 2nd.  Between March 11 and March 13, Lyons was arrested four times for allegedly trespassing at Kiwik Fill after being previously banned from the property.  She allegedly fled from police officers when they attempted to take her into custody. She was arraigned and released.

Trevor N. Christman, 33, of Batavia, is charged with exposure of a person. Christman is accused of exposing himself in a public place on March 14. He was issued an appearance ticket.

Martin J. Rodgers, 40, of Batavia, is charged with endangering the welfare of a child and harassment 2nd. Rodgers is accused of throwing a mobile phone at a 15-year-old child during a disturbance on Summit Street on March 16. He was arraigned and released.

Janell M. Sauer, 48, was arrested on March 13 on a warrant. Sauer was initially charged on Nov. 10 with aggravated unlicensed operation of a motor vehicle 3rd. The warrant was issued after she allegedly failed to appear in court. Sauer was arraigned and released. 

Brian A. Powell, 64, of Batavia, is charged with obstructing governmental administration 2nd. On Feb. 28, patrols responded to Oak Street and West Main Street for a report of a person slumped over the wheel of a car. When officers made contact with the driver, he allegedly drove away, leading police on a short pursuit. The driver stopped the vehicle on Central Avenue but refused to exit the car. The driver was removed from the vehicle by officers and placed under arrest and identified as Powel. He was issued an appearance ticket. 

Keonon S Williams, 46, is charged with petit larceny. Williams is accused of stealing license plates from another person and refusing to return them. He was arraigned and released.

Misty R. Scutt, 34, of Akron, was arrested on March 11 on a warrant. Scutt was initially charged with driving while ability Impaired by drugs on April 26. The warrant was issued after she allegedly failed to participate in a court-ordered program. Scutt was arraigned in City Court and released. 

John P. Volpe, 71, of Buffalo Street Road, Alexander, is charged with predatory sexual assault against a child, course of sexual conduct against a child 1st, two counts of criminal sexual act 1st, attempted rape 1st, aggravated sexual abuse 2nd, aggravated sexual abuse 1st, aggravated sexual abuse 3rd, three counts of sexual abuse 1st, rape 3rd, two counts of criminal sexual act 3rd, and two counts of forcible touching. Volpe is accused of engaging in numerous acts of sexual conduct involving a child beginning in 2012 and continuing until 2024 with a known victim. Volpe was arrested on March 7. He was arraigned and ordered held on $20,000 bail. This is an ongoing investigation and additional charges are possible, according to the Sheriff's Office. The Sheriff's Office was assisted in the investigation by the NYS Department of Environmental Conservation Police. The FBI also participated in the investigation.

Randolph R. Byrd, 60, of Batavia, is charged with burglary 2nd, assault 3rd, unlawful imprisonment 2nd, criminal obstruction of breathing, criminal mischief 4th, and resisting arrest. Byrd is accused of illegally entering a residence on East Main Street on March 5 and attacking a victim. He allegedly resisted arrest and damaged an officer's portable radio. He was arraigned and held in the Genesee County Jail.

Anthony Michael Gabri, 28, of Long Wood Drive, Rochester, is charged with criminal impersonation of a public servant and front windshield non-transparent. Gabri was stopped at 11:30 a.m. on March 18 on an alleged traffic violation on West Main Road, Le Roy, by Deputy Jeremy McClellan. During the stop, Gabri was allegedly found to be wearing the badge of a village of East Rochester constable and an outer carrier tactical vest typically used to carry body armor while traveling to Batavia to serve paperwork for his privately owned business and not under the direction of village authorities. He was issued an appearance ticket and released.

Alicia M. Lyons, 44, of Batavia, is charged with trespass.  Lyons is accused of being at Kwik Fill, 99 Jackson St., Batavia, on March 11, after being previously barred from the property. She was issued an appearance ticket.

Trevon L. Armstrong, 38, of Batavia, was arrested on a warrant on March 11. Armstrong was initially arrested on Nov. 16 on a charge of criminal mischief 4th after allegedly damaging property during an incident on Denio Street. He is accused of failure to appear in court on the charge.  Armstrong was arraigned in City Court and released on his own recognizance. 

Ronald W. Lewis, 36, of Ogden, was arrested on March 8 on two warrants issued by City Court. The first warrant stems from an incident on July 7, when Lewis was charged with petit larceny after allegedly stealing merchandise from a local business. The second warrant is the result of an incident reported on Sept. 24, when Lewis was charged with trespass after allegedly refusing to leave United Memorial Medical Center. Lewis was arraigned and released. 

Niranh S. Woods, 29, of Batavia, was arrested on a warrant on March 8. Woods was initially charged with aggravated unlicensed operation of a motor vehicle 2nd on Aug. 5. The warrant was issued after he allegedly failed to appear in court. Woods was arraigned in City Court and released. 

Robert J. Schultz, 66, of Elba, is charged with criminal mischief 4th. Schultz is accused of damaging another person's car on March 8 during a fight on Liberty Street. Schultz was issued an appearance ticket.

Christopher G. Marr, 55, of Batavia, is charged with DWI.  Marr was stopped on March 3 on South Main Street by a Batavia patrol officer. He was issued an appearance ticket.

Shamond R. Adams, 27, of Batavia, is charged with a barking dog violation.  Adams is accused of allowing his dog to bark for an extended period of time on March 9. He was issued an appearance ticket.

John Carl Ireland, 39, of Sumner Road, Darien, is charged with criminal mischief 3rd. Ireland is accused of damaging the property of another person with a value in excess of $250 during an argument reported at 11:40 a.m. on March 12 at a location on Sumner Road, Darien. Ireland was arraigned and released.

Torres Epifanio Nazario, 47, of Church Street, Bergen, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and improper turn signal. Nazario was stopped at 9:57 p.m. on March 9 on Route 19 in Bergen by Deputy Zachary Hoy. He was issued tickets and released.

Khadija Aisha Wilson, 27, of Freeman Street, Buffalo, and Shakayla Monique Williams, 29, of Petters Street, Buffalo, are charged with petit larceny and conspiracy 6th. Wilson and Williams are accused of shoplifting from Ulta Beauty on Veterans Memorial Drive, Batavia, at 12:39 p.m. on Feb. 27. Deputy Ayrton Blankenship and Sgt. Michael Lute investigated the case. 

Mark W. McWethy, 56, of South Main Street, Batavia, is charged with criminal possession of a controlled substance 7th and failure to keep right. McWethy was allegedly found in possession of cocaine during a traffic stop at 9:47 p.m. on March 18 on Main Street, Batavia. He was processed at the Genesee County Jail and released.

Dustin James Brown, 22, of Raymond Road, Ontario, Canada, is charged with DWI, driving with a BAC of .18 or greater, drinking alcohol or using cannabis in a motor vehicle, and unregistered motor vehicle. Brown was stopped following traffic complaints at 5:50 p.m. on March 14 on Byron Holley Road, Byron, by Deputy Stephen Smith. He was processed at the Genesee County Jail and released.

Michael Anthony Sweet, 38, of Raymond Avenue, Batavia, is charged with criminal possession of a controlled substance 7th and driving without an inspection certificate. Sweet was stopped at 1:09 a.m. on March 19 on Oak Street by Deputy Jacob Kipler. Sweet was processed at the Genesee County Jail and released.

Vincenne Elizabeth Mendrysa, 68, of West Main Street, Batavia, is charged with criminal contempt 2nd and falsely reporting an offense to law enforcement 3rd. Mendrysa was arrested on March 14 after allegedly reporting an incident to law enforcement that did not occur. Mendrysa was allegedly found in violation of an order of protection at the time of her arrest. She was jailed pending arraignment.

Sharon Renee Boyer, 55, of Alexander, is charged with DWI and driving with a BAC of .08 or higher. Boyer was stopped by State Police at 11:28 p.m. on March 15 in the Town of Alexander. She was released to a third party.

Press release:

The Genesee County Sheriff's Office is currently investigating an apparent homicide. The victim has been identified as Michael G. Poole, age 59, of the Olcott, NY area. The victim waslocated during the afternoon of March 19, 2024 in the Town of Alabama, New York during the investigation into a missing person out of Niagara County.

The preliminary investigation indicates that this appears to be an isolated incident and that there is no threat to the public. Anyone who may have information related to this incident is asked to contact the Genesee County Sheriff's Office at 585-343-5000. This investigation is ongoing, and no further details have been released at this time.

A 37-year-old Le Roy resident is being accused by federal authorities of possession and distribution of child pornography.

Jordan Brodie faces a mandatory minimum penalty of 15 years in prison because of a prior child pornography conviction.

According to a statement by Assistant U.S. Attorney Kyle P. Rossi, Brodie was using a chat application along with others who traded child pornography in May 2023, and Brodie uploaded at least one image to a different social media platform.  That upload was reported to the National Center for Missing and Exploited Children.

The State Police conducted an investigation and determined that the alleged upload took place from Brodie's home in Le Roy. 

A warrant was issued, and investigators seized Brodie's phone and the contents of a social media site. Authorities say they discovered images of child pornography involving children less than 12 years old.

At the time, Broadie was under the supervision of the Genesee County Probation Department following a child pornography conviction in May 2021.

Brodie was arraigned today in U.S. District Court and ordered held in custody.

The criminal complaint is the result of an investigation by the New York State Police, Lyons, under the direction of Major Miklos Szoczei II, and the Federal Bureau of Investigation’s Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia. 

For those who may have missed some of the stories and events, here's a recap of our coverage of news and events related to the death of Sgt. Thomas A. Sanfratello:

• 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
• DA explains status of criminal charges against man allegedly involved in death of Sheriff's sergeant
• Clarification and Correction: 'thick piece of jewelry' allegedly used in attack on officer
• Man accused in death of Sheriff's sergeant tells friends and family, 'my life over'
• Photo: Patrol vehicle parked at Sheriff's Office in honor of Sgt. Thomas Sanfratello
• Law enforcement leaders recall Sanfratello as 'incredible human being' while recounting events that led to his death
• Fundraising campaign set up to assist family of Sgt. Sanfratello
• Genesee County offers moment of silence for sergeant whose 'impact stands as his legacy'
• Hard work, knowledge, dedication, kindness, and Hot Wheels: Sgt. Sanfratello remembered by those who worked with him
• Photos: 'Running for Heroes' at Van Detta in honor of Sgt. Sanfratello
• Photos: Body of Sgt. Thomas A. Sanfratello carried to Call Arena at GCC, where services will be held
• At Darien Lake, 'Tommy had it under control'
• A full showing of support for Sgt. Sanfratello
• 'Godspeed GS-9': Sgt. Sanfratello honored in service at GCC

NOTE: The Batavian reached out to current and former members of the Genesee County Sheriff's Office to write up remembrances of Sgt. Thomas A. Sanfratello, who died in the line of duty while serving and protecting his community on Sunday morning.  Below are the remembrances we received. While we limited the request this round to people associated with the Sheriff's Office, we will publish more remembrances from the community if we receive a sufficient number.  We invite other first responders, whether in law enforcement, fire services, EMS, or any community group, especially those of his friends and neighbors in Alexander, where he served as a town board member, to submit remembrances.  Email your statements to howard@thebatavian.com, and please be sure to include at least "Sanfratello" in the subject line.  If we receive a sufficient number by Friday evening, we will try to have them published by Saturday morning.  Please also include your full name and any appropriate title in the body of the email.

Former Sheriff Gary Maha:

When I received the phone call early Sunday morning from a deputy, who was assigned to make notifications of Sgt. Tom Sanfratello’s death, I was shocked.  I thought to myself that if this were going to happen to someone, it wouldn’t be Sergeant Sanfratello. He was outgoing, very friendly to everyone and easy to get along with. However, he knew how to do his job and would do it well. It has been very emotional as it has been with his family, friends and especially current and past members of the Genesee County Sheriff’s Office who knew and worked with Tom. 

I remember when I hired him as a deputy sheriff in 1996. He was a young, thin guy working in dispatch. I am sure some thought why did they hire him as a deputy! I watched him mature, gain knowledge, and experience, and become an excellent officer. He was promoted to sergeant in 2007 and became an excellent road patrol supervisor and supervisor of the Civil Bureau. 

He loved working for the Genesee County Sheriff’s Office and loved being a law enforcement officer. As someone said, “he would give you the shirt off his back if you needed it.” Tom was always dependable. If you asked him to do something, he would do it and do it right. He was instrumental in the implementation of our Public Safety Computer System and was a great source for younger officers with his 32 years of experience. He will be missed. RIP, Sergeant Sanfratello, and God Bless You.

Retired Chief Deputy Gordon Dibble:

I remember when Tommy started with the Sheriff's Office as a dispatcher.  He was a skinny, twenty-two-year-old kid.  When they hired him as a deputy sheriff, I remember thinking this is a mistake, he'll never cut it as a deputy.  I was wrong.  Tommy was like a sponge -- a quick learner, a problem solver, always wanting to know more.  

Tommy filled out physically and got involved in as many things as he could.  He was even on the SCUBA team.  He was an overtime hog, working every extra detail that he could.  I wonder how many hours he put in at Darien Lake Theme Park.  He supervised almost every concert, working closely with the theme park managers to make concert nights go as smoothly as possible, and he was fearless.  He was often first into a messy situation, leading from the front.  

Tommy had a great sense of humor, a great smile, and the laugh of someone who enjoyed life. We shared many laughs together. We also shared an addiction. We were both addicted to Mountain Dew. My wife even shared an addiction with Tom: an addiction to the video game Candy Crush. 

I am just one of many, many people who will greatly miss Tom.    

Chief Deputy Joseph Graff:

The loss of Sgt. Sanfratello has been a tragedy for his family, our law enforcement family and our community.  Tom was a valued resource. His most recent role was as the sergeant in charge of our civil division and warrants. Tom always made himself available, whether on duty or not, to answer a question or phone call and was often sought out for his expertise in civil matters.  

Tom had a remarkable ability to recall sections of the law that are not often used and had a system of organization that kept things running.  Even after 32 years in Law Enforcement, Tom was still willing to go out into our community and do the job.  Tom’s heart was evident in the annual Easter egg hunt he would hold at his home, hiding thousands of eggs and inviting the families of our office.  

It was an honor to have had the opportunity to know Tom professionally and personally. His presence will truly be missed in our lives. My thoughts and prayers are with the family of Sgt. Sanfratello. Godspeed GS 9.

Investigator Chad Minuto:

When I was approached by Howard to provide a memory or story about Tommy, it took me some time to comb through our past twenty years together.  There are so many memories together that it would be impossible to choose just one.  I think I would rather like to say a few words about my friend.  

I myself became a lot closer to Tommy over the past seven years after being promoted to Investigator. I would visit Tommy daily to bend his ear.  Tommy was the pulse of the department.  He was highly adept at how our office operated and played a crucial role in keeping the “engine running.”   Tommy was organized “In his own way” and took a systematic approach to everything he did.   Tommy was an extremely hard worker, a devoted deputy, and someone who cared deeply about the Sheriff’s Office.  His work ethic, experience, and wealth of knowledge will be irreplaceable.   

Tommy not only loved the Sheriff’s Department, but above that, he loved his family and children.  Tommy, himself, was a giant kid at heart.  He was an avid collector of Hot Wheels and Legos, often traveling across the country to attend and work at toy shows.  I remember the smile on Tommy’s face when I told him my son had become interested in Legos.  Tommy would routinely show me sneak peeks of unreleased Legos and share his duplicates of Lego mini figures with my son.  Personally, I think Tommy shared these Legos because he felt bad knowing that I would not find these in stores.  Why, you ask? Well, Tommy had likely cleaned out the inventory locally. 

These past few days have been so surreal, and it is still hard to wrap my head around the fact that Tommy is gone. I know there will be times in the weeks and months ahead when something will remind me of Tommy and stop me in my tracks. I welcome these moments, as they will ensure that I will never forget what Tommy meant to this department or me. We will miss you, GS-9!

Dispatcher Jason Holman:

Sgt. Sanfratello, the Sheriff's sergeant, provided a calm and consistent veteran command presence to our office.  He was a leader and mentor to those around him.  He had a large part in the training and development of most of the deputies and investigators we have now.  His long career and vast experience were an asset to new patrols as they came into their own.  His knowledge of the operations of our agency, both out on patrol and within the Civil and Records Departments, will be sorely missed and not easy to replace quickly.  He oversaw special detail assignments/scheduling at locations such as Darien Lake and Batavia Downs.  His command of the staff at those assignments will be difficult to replace.

He was also an advocate for the work we do in the dispatch center because of his history there.  Many times, as the first point of contact with someone in need, that dispatcher can set the tone for a call for service or demonstrate the effectiveness and professionalism of the Genesee County Sheriff's Office.  Sgt. Sanfratello understood the importance of recruiting, hiring, training and retaining quality Emergency Services Dispatchers.

As a former union president, he advocated for his members. He was always searching for and often finding ways to improve the quality of life, salary, and benefits provided to our staff.

On the other side, Tom Sanfratello, the man, was a son, brother, father, uncle and, significant other, friend to many who loved him.  Outside of work, he had an affinity for collecting diecast cars, specifically Hot Wheels.  That hobby took him all over the country to shows and swap meets and garnered him a whole different community of friends and colleagues that I'm sure are also feeling the pain of his loss.  More recently, he had taken up collecting and building Lego sets.  What started as fun for him and his youngest daughter, Lexi, turned into another hobby and a large collection.  He was a family man who loved his children.  Ian recently graduated from the Corrections Officer Academy at the top of his class, and I don't think you could wipe the smile off of Tom's face that week.  He was very proud of Ian's accomplishments and the fact that he was able to work alongside him.

I'd also like to remind you that March 21 will be the one-year anniversary of Emergency Services Dispatcher Andrew Merkel's untimely passing.  Our staff is also dealing with the weight of that anniversary.  He shared many qualities with Tom and he is still sorely missed by many at our office.

Lastly, I'll leave you with something that has always struck home with me during a loss.  For those who are hurting during this:

"Keep fighting.  Persevere.  Those who left us too soon are proud of you. Even though they may not have had the chance to say it."

Forgive me, as I don't recall where I once heard/saw that and could not tell you who may have said it.  But some version of those words has stuck with me for a long time as I have dealt with loss in my own life.

Each situation is weighed individually when a school employee is arrested, City Schools Superintendent Jason Smith told The Batavian in response to a query about the apprehension of a teacher and her husband on March 2.

Both are charged with resisting arrest, and the husband, Aaron Fix, 50, is accused of assaulting a police officer.

Fix has been a volunteer assistant varsity football coach and was the head coach of the flag football team. He resigned from that position following his arrest, Smith said.

Kristen Fix, 49, is a teacher at Robert Morris, which Jackson Primary School administers.

"Many factors are considered in determining how school districts respond to an employee’s arrest, including the nature of the charges, whether and to what extent the charges/conduct are related to the school/students, whether the employee has any prior discipline or related conduct, whether the employee is cooperative in sharing information related to the arrest, among others," Smith said.

He added, "Each matter is reviewed on an individual basis, consistent with applicable provisions of New York State Law and the collective bargaining agreement."

He did not directly address Kristen Fix's status, the status of any investigation, or how the district is proceeding in this individual case.  

While Kristen Fix has been charged, she has not been convicted of any crime. Her case is pending in City Court, and her next scheduled appearance before Judge Andrea Clattenburg is April 4.

While a matter is under review, under state law, it is a personnel issue. When there is disciplinary action against a government employee, it is generally public record.

The incident involving the Fixes began at 10:22 p.m. on March 2 with a traffic stop by Deputy Zachary Hoy in the area of 561 East Main St., Batavia. 

According to a report by Hoy obtained by The Batavian from City Court, Kristen Fix was driving a vehicle that was observed moving out of its lane of travel, almost striking a curb, and stopping in the middle of the roadway.

Kristen was charged with DWI (first offense), resisting arrest, obstructing governmental administration in the second degree, moving from lane unsafely, and unlicensed driver.

The resisting arrest is based on an allegation that she walked away from officers while being advised she was under arrest.

On the report for refusal to submit to a chemical test, the section listing evidence of alleged impairment includes being "abusive."  

Aaron Fix is charged with assault in the second degree, resisting arrest, criminal mischief in the fourth degree, and obstructing governmental administration in the second degree.

Based on court documents, Aaron is accused of interfering with the arrest of Kristen. He allegedly got in and out of the vehicle multiple times.

He is accused of resisting arrest by stiffening his arms when officers attempted to place handcuffs on him.

He is charged with assault in the second degree with intent to injure an officer based on alleged injuries sustained by Officer Andrew Mruczek.  Mruczek reportedly sustained injuries on his neck and the right side of his forehead.

The charge of criminal mischief is based on an accusation that Aaron intentionally damaged Mruczek's uniform collar brass.

Aaron's next court appearance is scheduled for April 17 before Judge Durin Rogers.

A GoFundMe campaign has been set up to assist the family of Sgt. Thomas Sanfratello, who died in the line of duty on Sunday.

The Deputy Sheriff's Association organized the campaign and will ensure the money is distributed to the family. The Batavian confirmed that this is a DSA-backed fundraiser.

The association set a goal of $50,000. More than $8,000 has been raised so far.

To donate, click here.

While a narrative of events at Batavia Downs early Sunday morning that led to the death of Sgt. Thomas A. Sanfratello was shared at a press conference on Wednesday, the 32-year veteran of the force was remembered as a great co-worker, good friend, and loving father.

Sheriff William Sheron said, "Wow. Unbelievable person. I have known Tommy since he began. He was just an incredible human being. He was always there for everybody else. He had many important functions here in the department. He ran our civil department. He was on the State Sheriffs Association accreditation programs as an assessor. He oversaw our Darien Lake details. As you know, we have had many, many concerts out there and many, many thousands of people. He ran them flawlessly. Tommy was one that we counted on, and any time he was involved, we knew we didn't have to worry about anything."

He added later, "Tommy never said, 'No.' If you needed something, Tommy was there. It didn't matter who you were or what time of day or night it was; if he could help you, he would help you. The guys could always use them as a resource, too, you know. If they had something they weren't quite certain of, 'Okay, let's ask Tommy. Tommy will know.'"

District Attorney Kevin Finnell said, " I'd like to add that I also have known Tom since he first hit the road. We talked on a regular basis about cases and issues. He'd often call and say, 'I think I know the answer, but he always did. He never lost his enthusiasm for the job and for what he did. He was a very, very good police officer, and he was a better man. So we will all suffer a loss for a long time to come. We will miss him dearly. I'd also like to express my thanks for the community support thus far, the outpouring of support, not only for the Sanfratello family, but in the assistance of this investigation."

Batavia Police Chief Shawn Heubusch said, "Tommy was a resource for every law enforcement officer in this county, not just within the sheriff's office. I mean, I personally called Tom on many occasions to ask for advice on something, whether it dealt with a civil matter or whatever. And he never said no. He always answered his phone. He was one of the first guys that I ever met when I got to Batavia. He was just a great guy, and, you know, just a snippet from the videos before this encounter occurred, Tom was talking to people within the casino, and he's smiling and laughing with them. I mean, that's just Tom's personality."

Sanfratello's son, Ian Sanfratello, closed out the press conference by reading a written statement that concluded, "I want everybody to know my dad. My dad was one of a kind. An amazing dad, son, brother and co-worker. He loved my sisters, Lexi and Kyla with all of his heart and he loved to spend time with us. I know we will all cherish the memories we have with him. He will never be forgotten. He will be missed immensely by all who had the chance to not only know him but also talk to him. And he will always be loved."

The press conference opened with Undersheriff Bradley Mazur and Heubusch recounting the events of Sunday morning at Batavia Downs, beginning with the call of a disturbance in 34 Rush, one of the bars in the casino, at 12:43 a.m.

Mazur said there were two individuals involved.  Wait staff had refused further drink service to both patrons. They were asked to leave. Sanfratello was escorting the female out of the casino when she became combative. She hit the sergeant, he said. She was taken into custody.

The male defendant, who had apparently exited the casino, returned to the lobby and "a physical struggle ensued with the male defendant.

Sanfratello radioed for assistance. Patrol units from the Sheriff's Office, Batavia PD, and State Police responded.

Mercy EMS also responded.

Civilians and Batavia Downs security staff became involved in the struggle to restrain the male defendant. 

"Initially, a single Batavia police officer began heading towards the Downs to assist sheriff's deputies as needed," Heubusch said. While en route, further radio transmissions indicated that CPR was in progress, and yelling and screaming could be heard in the background."

Upon arrival, the officer observed a male and female in custody but reported that they continued to "violently struggle" with officers.

Attempts to revive Sanfratello were unsuccessful, and later, a Genesee County Coroner pronounced him dead.

Criminal investigators from the Sheriff's Office responded, as did command staff from the departments. After further consultation, the investigation was turned over to Batavia PD.

"This is an ongoing investigation and the casino was very busy that night," Heubusch said. "We're asking anyone who may have witnessed this incident and or may have digital evidence -- videos or photos -- to contact our detective bureau."

The press conference was then opened to questions from the more than a dozen members of local and regional news organizations present.

Heubush was asked to elaborate on the struggle with the defendants.

"They were resisting arrest," Heubusch said. "It's obvious in the videos that the subjects were not going into custody without a fight. So, they were physically resisting arrest very violently."

What were they doing specifically?

"I can't get into the details of what that was," Heubusch said. "But the video demonstrates that they resisted arrest violently."

On the arrest report, the charge for aggravated manslaughter includes mention of a "deadly weapon."  Asked if that was statutory language or if the chain is being considered a deadly weapon, Finnell said, "It's a statutory language, but the chain is the focus of that language."

Heubusch was asked to further explain the use of the "metal chain" (the term used in the charging documents) allegedly deployed by the defendant.  The police department later put out a statement clarifying that it was a piece of jewelry. 

"During the altercation, you can see one of the defendants, the male defendant, remove a large piece of jewelry from around his neck, a chain or a thick metal rope that was used during the struggle," Heubusch said. I can't get into the details of what happened with that, but it was used as part of the attack."

Heubusch confirmed that the defendant used a chokehold against Sanfratello.

He was asked if the defendant swung the chain to strike Sanfratello or if the defendant wrapped the chain around his fist and hit Sanfratello.

"I can't get into those types of details. That's part of the investigation," Heubusch said.

Asked if the defendants submitted to blood tests for drugs or alcohol, Finnell said, "There's been no direct blood testing that I know of. It's procedure for the jail to do a screening for drugs and alcohol (at intake). My understanding is they were not initially cooperative with that process; however, they may have ultimately done that."

In response to a question, Finnell said an autopsy has been completed, but the report has not been delivered.

In response to a question about the apparent ongoing struggle with the defendants after other officers arrived on scene, Heubusch said he is not aware of any other officers being injured.

Asked who performed CPR, Batavia Downs security staff or civilians, and who assisted in subduing the defendants, Heubusch said, "There were several members of the Batavia Downs security staff as well as bystanders who were both performing CPR on and off as well as holding the defendants down to help us get them into custody."

Finnell left open the possibility of additional charges once the investigation is completed.

On Tuesday, the judge in Town of Batavia Court issued several orders of protection for members of the Sanfratello family, including a bar on third-party contact.

Asked if friends and family of the defendant had made threats against Sanfratello's family, Finnell said, "I have been advised that there were some statements made, the content of which or the degree of the statements themselves, I'm not aware of, but they were sufficient for us to ask for orders of protection, more of as a prophylactic measure to make sure that there's no contact." 

Sheron said the Sheriff's Office has had an agreement with Batavia Downs to provide uniformed officers for additional security on weekends as "a deterrence."  He said there had been no issues at Batavia Downs that prompted the request or made it necessary.

"We've had minimal complaints," Sheron said.  "Nothing, ever, to this extreme or fights."

During the Q&A, Heubusch again urged news outlets to inform the public that investigators are seeking video and photos of the incident.

"There's a ton of video in the casino," Heubusch said. "With the cooperation of Batavia Downs, we did get all of that into our possession. However, any video that we can get from any angle is important to us in identifying potential witnesses and other actions that may have occurred outside of the cameras of the casino itself. It is extremely important to us to be able to identify anything else that's out there."

While leaving the Town of Batavia Court on Tuesday, the defendant told a group of friends and family, "My life over."

Asked if that is an admission of guilt and whether the statement could be used against him, Finnell said, "Any statement he makes spontaneously, whether it's in the course of the crime or his detention thereafter, including in court, can be used, in my opinion, should it become relevant later at trial."

In response to a follow-up, he said, "I would consider that an admission that he has done something that he regrets deeply."

In his closing statement, Ian Sanfratello thanks the community who has reached out to his family and offered support, condolences, and dropped off food.

He said he also wanted to address reports that some members of the defendants' family have been harassed or threatened on social media.

"I know my father would not want any threats of any kind being made to the family of the suspects and to the suspects themselves," Ian said. "He would know that justice will be served in the correct way."

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
• DA explains status of criminal charges against man allegedly involved in death of Sheriff's sergeant
• Clarification and Correction: 'thick piece of jewelry' allegedly used in attack on officer
• Man accused in death of Sheriff's sergeant tells friends and family, 'my life over'
• Photo: Patrol vehicle parked at Sheriff's Office in honor of Sgt. Thomas Sanfratello

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
• DA explains status of criminal charges against man allegedly involved in death of Sheriff's sergeant
• Clarification and Correction: 'thick piece of jewelry' allegedly used in attack on officer
• Man accused in death of Sheriff's sergeant tells friends and family, 'my life over'

As he left Town of Batavia Court on Tuesday afternoon, Michael J. Elmore, accused of actions at Batavia Downs on Sunday morning that led to the death of Sgt. Thomas A. Sanfratello shook his head "no" and told a group of friends and family members, "My life over."

"I love you, bro," somebody responded.

He could then be heard in the back of the patrol car sobbing.

As is standard for an initial arraignment in court, the defendant entered a not-guilty plea.  Elmore is scheduled to return to court at 1 p.m. on April 9 for further proceedings.  He is being held in the Monroe County Jail on $100,000 cash bail. His case is likely to go to a grand jury and eventually be transferred to Genesee County Court.

Assistant District Attorney Joseph Robinson said District Attorney Kevin Finnell will be leading the prosecution on the case. He said the investigation is ongoing, and the people are not yet ready to hand over evidence (called discovery) to the defense. 

Attorney Joseph Lobosco has been assigned to represent Elmore.

The courtroom was filled to near capacity with Sanfratello's family members and members of the local law enforcement community, including Sheriff William Sheron, Undersheriff Bradley Mazur, Deputy Chief Joseph Graff, and Deputy Chief Brian Frieday.

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. 

The charges stem from an incident early Sunday morning, at 12:43 a.m. Sanfratello responded to a report of a disturbance in a bar at Batavia Downs.

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. Court documents state that she hit Sanfratello several times with the intent to injure him. 

At some point during this confrontation, Elmore reportedly became involved.  He was told to leave the casino and did leave, according to court documents, but "immediately" returned with "chains" in his hands. The police now describe these chains as "a thick piece of jewelry or necklace commonly worn around one's neck."

Elmore is accused of striking Sanfratello in the face and neck with the piece of jewelry and of getting Sanfratello in a chokehold.  At some point, according to an initial police press release, Sanfratello deployed his taser. While struggling with the suspect, Batavia Downs security officers and civilians attempted to assist him.  He became unresponsive. CPR was performed.  He was later pronounced dead by a county coroner. 

Wilcox is charged with burglary in the second degree, a Class C felony, and attempted assault in the second degree, a Class E felony. 

She appeared in court later Tuesday afternoon, but The Batavian was unable to attend her hearing.

The cause of Sanfratello's death has not been released. There are unconfirmed reports that he suffered some sort of medical issue.

Elmore has a lengthy arrest record. In 2009, he was accused of shooting a teen with a BB gun at the former skate park in Batavia. In 2012, he was charged with disorderly conduct following a fight on State Street. He was charged with a burglary at Sherwin-Williams in 2013. In 2015, he was accused of sending threatening texts to another person. He also has a prior history of tangling with law enforcement. He was charged with obstructing governmental administration during an incident in 2022 at the former Days Inn. In 2022, he was also accused of slashing tires on vehicles.

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
• DA explains status of criminal charges against man allegedly involved in death of Sheriff's sergeant
• Clarification and Correction: 'thick piece of jewelry' allegedly used in attack on officer

Press release:

The City of Batavia Police Department is seeking assistance from the public in gathering digital evidence from the incident that occurred at the Batavia Downs on March 10, resulting in the death of Sgt. Thomas Sanfratello. 

Anyone with video or other digital evidence is asked to provide it to the Police Department using the link below, or by scanning the QR code.

https://bataviapdny.evidence.com/axon/community-request/public/10march2024bataviadownsincident 

Anyone with questions regarding this process can contact Detective Eric Hill at 585-345-6373. We thank the public in advance. 

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:

• Document 1
• Document 2
• Document 3

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

NOTE: Before reading further, read this: Clarification and Correction: 'thick piece of jewelry' allegedly used in attack on officer

The alleged attack on Sgt. Thomas Sanfratello at Batavia Downs early Sunday morning may have been more brutal than previously described in news releases about the incident.

In charging documents at the Town of Batavia Court, called accusatory Instruments, Michael J. Elmore is accused of leaving the casino, retrieving metal chains, reentering the building and threatening Sanfratello.

The 33-year-old Elmore allegedly "passed (the chains (now described as a necklace)) between both hands while swinging them around and making threats," and then he allegedly used the metal chains to assault Sanfratello, striking him in the head and face. He's also accused of using his fists and of placing Sanfratello in a chokehold.

Sanfratello, 54, was a 32-year veteran of the Sheriff's Office. Investigators say Sanfratello died as a result of the attack. There have been reports that he died from a medical issue, possibly a heart attack, during the confrontation.  No official document available so far confirms those reports.

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. 

The incident began at 12:43 a.m. on Sunday when Sanfratello and Batavia Downs security responded to the Rush 34 bar for a disturbance. 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. The accusatory instrument says she hit Sanfratello several times with the intent to injure him. 

The available timeline does not indicate when Elmore became involved and was told to leave the building. According to the earlier press release and the accusatory instruments, he left and returned with the intent to commit a crime.

The initial press release from Batavia PD said that Sanfratello did attempt to deploy his taser during the struggle with Elmore.

The accusatory instruments were filed by Det. Jason Ivison (Elmore) and Det. James DeFreze (Wilcox) of the Batavia Police Department.

The arrest reports indicate that Elmore and Wilcox may have been impaired by alcohol at the time of the incident.

Wilcox is charged with burglary in the second degree, a Class C felony and attempted assault in the second degree, a Class E felony. 

Both were arraigned on Sunday evening. Elmore is being held on $100,000 bail, $200,000 bond, and $500,000 partially secured bond. Wilcox is being held on $50,000 bail, $100,000 bond, or $200,000 partially secured bond.

Contrary to social media chatter, both were still in custody on Monday afternoon.

Sanfratello was on duty, in uniform, at the time he was attacked. He was working a special detail at Batavia Downs. Batavia Downs has been compensating the Sheriff's Office for four or five months to provide law enforcement personnel at the casino on Friday and Saturday nights.

Elmore has a lengthy arrest recording. In 2009, he was accused of shooting a teen with a BB gun at the former skate park in Batavia. In 2012, he was charged with disorderly conduct following a fight on State Street. He was charged with a burglary at Sherwin-Williams in 2013. In 2015, he was accused of sending threatening texts to another person. He also has a prior history of tangling with law enforcement. He was charged with obstructing governmental administration during an incident in 2022 at the former Days Inn. In 2022, he was also accused of slashing tires on vehicles.

The Batavian emailed questions to District Attorney Kevin Finnell late Monday afternoon and we will either update this story or publish a new story based on any response we receive.

Earlier on Monday, the DA's Office released the following statement:

Genesee County Sheriff's Office St. Thomas Sanfratello was working a detail at the Batavia Downs Gaming Facility on March 9, 2024 when, he was called to assist Batavia Downs Security personnel with two unruly patrons. In the course of escorting the individuals from the premises, the individuals became physically combative, requiring Sgt. Sanfratello to intervene. After successfully taking one of the individuals into custody and while physically engaged with the second person, Sgt. Sanfratello suffered a medical event which ultimately resulted in his passing. The case is still being actively investigated by the Batavia City Police Department and further charges are pending.

Our deepest sympathies go out to Sgt. Sanfratello's family at this most difficult time.

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

Aaron J. Fix, 50, of Batavia, is charged with assault 2nd, resisting arrest, criminal mischief 4th, and obstructing governmental administration 2nd. Fix is accused of interfering with the arrest of another person during a traffic stop on East Main Street, Batavia. When a deputy and Batavia patrol officer attempted to take Fix into custody, Fix allegedly resisted arrest and in the process, the officer was injured and a piece of the officer's equipment was damaged. Fix was arraigned and released.

Robert P. Tomaszewski, 56, of Batavia, is charged with DWI. A Batavia patrol officer stopped Tomaszewski on March 4 on River Street. He was issued an appearance ticket and released.

Alicia M. Lyons, 44, of Batavia, is charged with trespass. Lyons is accused of being at Kwik Fill on Mach 1 after being banned from the property. She was issued an appearance ticket.

Jeanna M. Hattaway, 44, of Batavia, was arrested on a warrant. She is also charged with obstructing government administration 2nd, resisting arrest, and criminal possession of a controlled substance 7th. Hattaway was located on March 4 walking on Tracy Avenue, When Batavia police officers attempted to take her into custody on the warrant. Hattaway allegedly ran from police but was caught a short distance away. Hattaway was also allegedly found in possession of methamphetamine at the time of her arrest. Hattaway was arraigned in City Court and ordered held on $3,000 bail, $6,000 bond, or $12,000 partially secured bond.

Charles A. Reichert, 41, of Batavia, is charged with riding a bicycle on a sidewalk. Reichert was issued a ticket on Feb. 25 following a personal injury accident. Reichert is accused of riding on the sidewalk before riding into the path of a vehicle. 

Naquan J. Shepherd, 24, of Batavia, was arrested on a warrant issued by City Court. Shepherd was initially charged with harassment 2nd in January 2024. He was issued an appearance ticket. He is accused of failure to appear. Shepherd was arraigned and released.

Shane M. Ramos, 32, of Batavia, is charged with harassment 2nd. Ramos is accused of shoving another person during a fight on Summit Street, Batavia. He was issued an appearance ticket.

Monique E. Hampson, 31, of Batavia, was arrested on March 4 on a warrant. Hampson was initially charged on Dec. 29 with aggravated unlicensed operation of a motor vehicle 2nd following a traffic stop on West Main Street. She is accused of failure to appear in court as ordered. Hampson was arraigned and released.

Jennifer N. Wilson, 36, of Batavia, is charged with criminal trespass 2nd, obstructing governmental administration 2nd, and resisting arrest. Wilson is accused of being inside a residence on Otis Street and then resisting arrest. She was arraigned and released.

Jonathan M. Falk, 25, of Batavia, was arrested on Feb. 26 on a warrant. He and another person allegedly stole merchandise from Seven-Eleven. Falk was initially charged with petit larceny and conspiracy 6th. He is accused of failure to appear in court as ordered. He was arraigned and released. 

Bryce D. Klehn, 18, of Batavia, is charged with disorderly conduct. Klehn is accused of throwing a lit firework on March 2 onto the porch of a residence on Montclair Avenue. He was issued an appearance ticket.

Erica M. Esten, 36, of Oakfield, is charged with harassment 2nd. Esten is accused of hitting another person in the face in a parking lot on East Main Street, Batavia, on March 2. She was issued an appearance ticket.

Starzha Monae Hilliard, 25, of Webster Manor Avenue, Rochester, is charged with falsifying business records 1st. Hilliard is accused of providing false personal information to deputies and corrections officers after being arrested on unrelated offenses and then signing official fingerprint documents under the false identity. She was issued an appearance ticket.

Tabatha Ann Torcello, 58, of Broadway Road, Alexander, is charged with driving while ability impaired by drugs and moving from lane unsafely. Torcello was charged after an investigation into an incident reported at 7:17 a.m. on Nov. 30.  At that time, deputies responded to a report of a car in a ditch off Route 98 in Alexander. She was arrested recently and issued an appearance ticket.

George Samuel Luce, 54, of Gildden Road, Holly, is charged with strangulation 2nd and assault 3rd. Luce is accused of chocking and punching a woman during an incident at a hotel on Park Road, Batavia, at 10:42 a.m. on March 6.

Joseph Thomas Jablonski, 59, of Clifton Avenue, Batavia, is charged with driving while ability impaired by drugs, aggravated unlicensed operation 1st, unregistered motor vehicle, and vehicle with improper license plates. Jablonski was stopped at 3:29 a.m. on March 7 on Clinton Street by Sgt. Mathew Clor. He was issued an appearance ticket.

Arnold Bryan Colopy, 66, of Knowlesville Road, Alabama, is charged with torturing or injuring animals/failure to provide substance. Colopy is accused of keeping two dogs in "deplorable" conditions. Following a report at 4:11 p.m. on March 7, Deputy Alexander Hardsall allegedly found two dogs without any food or water. Colopy was processed at the Genesee County Jail and released.

Michael Andrew Hahn, 44, of Lewiston Road, Alabama, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operator, unregistered motor vehicle, and uninspected motor vehicle. Hahn was stopped by Deputy Carlos Ortiz Speed at 3:43 a.m. on March 4 on Buffalo Road, Bergen. He was released on an appearance ticket.

Jacqueline Raj Garrett, 44, of Park Road, Batavia, is charged with petit larceny. Garret is accused of stealing merchandise from Walmart at 2:50 p.m. on March 8. She was released on an appearance ticket.

A 33-year-old Batavia man with multiple prior arrests is accused of intending to cause serious physical injury to a law enforcement officer and that his attack on the officer resulted in the death of the officer.

At 12:45 a.m. on Sunday, Sgt. Thomas A. Sanfratello, 54, a 32-year veteran of the Sheriff's Office, died after a struggle with the suspect inside Batavia Downs.

Michael J. 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.

Elmore is accused of leaving the casino and returning after being told not to return, and that he returned with the intent to commit a crime in the casino. He then allegedly attacked Sanfrantello with the intent to cause a serious injury to him.

According to an earlier press release, Sanfratello was working a special detail early Sunday morning at Batavia Downs when he and security officers received a report of a disturbance at 34 Rush. 

Sanfratello and the security officers encountered  Lyndsey Jean Wilcox, 39, of Batavia, and she was ordered to leave the premises. While being escorted out, Wilcox allegedly became combative with Sanfratello.

Sanfratello and the security officers were able to subdue her and place her in custody.

It was then that Elmore allegedly attacked Sanfratello. Security officers and civilians reportedly attempted to assist Sanfratello. Sanfratello attempted to use his taser to subdue Elmore, but Elmore reportedly kept fighting. During the struggle, Sanfratello became unresponsive, and CPR was attempted.

Wilcox is charged with burglary in the second degree, a Class C felony and attempted assault in the second degree, a Class E felony. 

She is accused of remaining inside Batavia Downs after being told to leave and did so with the intent to commit a crime inside the casino.

Both were arraigned on Sunday evening. Elmore is being held on $100,000 bail, $200,000 bond, and $500,000 partially secured bond. Wilcox is being held on $50,000 bail, $100,000 bond, or $200,000 partially secured bond.

Both are scheduled to appear again in Town of Batavia Court on March 12.

The Batavia Police Department is handling the investigation.

"We would like to thank all those who came forward with information to assist the investigation and those who assisted at the scene," said Chief Shawn Heubusch. "We ask that you keep the family and friends of Sgt. Sanfratello in your thoughts and prayers during this very difficult time."

Sanfratello began his law enforcement career as a dispatcher on Feb. 29, 1992. He was appointed deputy in 1996 and promoted to sergeant in 2007.  

Elmore has a lengthy arrest recording. In 2009, he was accused of shooting a teen with a BB gun at the former skate park in Batavia. In 2012, he was charged with disorderly conduct following a fight on State Street. He was charged with a burglary at Sherwin-Williams in 2013. In 2015, he was accused of sending threatening texts to another person. He also has a prior history of tangling with law enforcement. He was charged with obstructing governmental administration during an incident in 2022 at the former Days Inn. In 2022, he was also accused of slashing tires on vehicles.

In an interview with The Batavian, Henry Wojtaszek, CEO of Western Regional OTB, said that Batavia Downs began contracting with the Sheriff's Office four or five months ago to provide a security detail to the casino on Friday and Saturday nights.  He said the arrangement is similar to what Batavia Downs does with Batavia PD and the Sheriff's Office during the summer concert series and that the agencies are compensated for the officers' time.  

In a written statement released to all media, Wojtaszek said, "The Batavia Downs Family is extremely saddened by the loss of Sergeant Sanfratello and we send our very deepest condolences to his family.   We rarely have incidents at our facility in large part due to the incredible efforts of people like Sergeant Sanfratello.  While words cannot express our sorrow, our thoughts and prayers are with the SanFratello family and his extended first responder family."

Previously: Sheriff's Office sergeant dies in the line of duty while trying to make arrest at Batavia Downs

During an altercation with a criminal suspect at Batavia Downs shortly before 1 a.m. on Sunday, a Sheriff's Office sergeant became unresponsive and, despite life-saving attempts by Batavia Downs security staff, was later pronounced dead by the Genesee County Coroner. 

Thomas A. Sanfratello, 54, was a 32-year veteran of the Sheriff's Office.  He was working a special assignment detail at the Batavia Downs while on duty. 

The investigation has been transferred to the Batavia Police Department, which issued a statement about the case Sunday afternoon.

“Our thoughts and prayers go out to the family members of Sergeant Sanfratello and all the members of the Genesee County Sheriff’s Office at this extremely difficult time,” said Batavia Police Department Chief Shawn Heubusch. 

The Sheriff's Office also released a statement expressing its deep regret and sorrow at Sanfratello's passing.

The statement also stated, "Sergeant Sanfratello’s family would like to extend their sincere appreciation for all the overwhelming support they have received from friends and fellow first responders."

According to Heubusch, Sheriff's Sergeant Sanfratello and casino security were notified about an altercation inside the facility.

Heubusch said that Sanfratello and security were notified about 12:45 a.m. of a possible fight inside the casino. After an initial verbal confrontation inside Rush 34, Sanfratello and security staff began escorting two patrons from the facility.

The patrons are identified as Michael J. Elmore, 33, and Lyndsey Jean Wilcox, 39.

As they were escorted, Wilcox is accused of becoming physically combative with Sanfratello.  With the assistance of security officers, Wilcox was restrained and placed under arrest.  

At that point, Elmore allegedly interfered with her arrest and attacked Sanfratello. 

Security officers and civilians attempted to assist Sanfratello. A fight ensued. Sanfratello attempted to use his taser to subdue Elmore but Elmore reportedly kept fighting.

During the fight, Sanfratello became unresponsive. People on scene began CPR. 

The life-saving attempts were unsuccessful.

Heubusch said no further details are being released at this time.

Charges are expected against Elmore, according to Heuubusch.  He did not elaborate.

Sanfratello began his law enforcement career as a dispatcher on Feb. 29, 1992. He was appointed deputy in 1996 and promoted to sergeant in 2007.  

Gilmart Funeral Home and Cremation Company in Batavia is handling funeral arrangements. More information about funeral plans will be released later.

Elmore has a lengthy arrest recording. In 2009, he was accused of shooting a teen with a BB gun at the former skate park in Batavia. In 2012, he was charged with disorderly conduct following a fight on State Street. He was charged with a burglary at Sherwin-Williams in 2013. In 2015, he was accused of sending threatening texts to another person. He also has a prior history of tangling with law enforcement. He was charged with obstructing governmental administration during an incident in 2022 at the former Days Inn. In 2022, he was also accused of slashing tires on vehicles.

He served two years in state prison on the attempted burglary charge. His parole ended in 2021.

UPDATE: Henry Wojtaszek, CEO of Western Regional OTB, released the following statement:

The Batavia Downs Family is extremely saddened by the loss of Sergeant Sanfratello and we send our very deepest condolences to his family.   We rarely have incidents at our facility in large part due to the incredible efforts of people like Sergeant SanFratello.  

While words cannot express our sorrow, our thoughts and prayers are with the SanFratello family and his extended first responder family.

The safety of our guests and our dedicated staff is our highest priority, and we will continue to work with our partners in law enforcement throughout their investigation.

We are committed to assisting the SanFratello family and the entire community through this difficult time.

In an interview with The Batavian, Wojtaszek said that Batavia Downs began contracting with the Sheriff's Office four or five months ago to provide a security detail to the casino on Friday and Saturday nights.  He said the arrangement is similar to what Batavia Downs does with Batavia PD and the Sheriff's Office during the summer concert series and that the agencies are compensated for the officers' time.  He reiterated during the interview, "We are committed to the safety and security of our patrons." 

UPDATE 6:05 p.m.: Heubusch said Elmore is in custody pending charges.

According to Heubusch, this is an ongoing investigation. Witnesses and people with video of the incident are asked to come forward. The Detective Bureau can be reached at 585-345-6311 or submit a tip at www.bataviapolice.org.