Man responsible for death of Sheriff's sergeant sentenced to 20 years in prison
The plea deal Michael Elmore made to avoid a 25-year prison term capped his sentence at 20 years, and that is precisely what County Court Judge Donald O'Geen handed down Tuesday morning.
Elmore admitted to his role in causing the death of Sgt. Thomas Sanfratello at Batavia Downs in March when he entered a guilty plea on Nov. 18 to aggravated manslaughter in the first degree.
In court, after O'Geen had heard from members of Sanfratello's family, from District Attorney Kevin Finnell, and from Elmore's own attorney, who said he believed Elmore was truly remorseful, Elmore apologized to the family for his actions.
That apology appeared not to sway O'Geen, who noted that Elmore seemingly left Batavia Downs in the early morning of March 10 to dispose of a pellet gun he was carrying and then returned swinging heavy gold necklaces heading straight toward Sanfratello and a security guard with the intent of fighting them.
Finnell said the pellet gun could have looked like a real gun if Sanfratello had seen it during a confrontation, so Elmore needed to dispose of it before starting a fight to protect himself.
The incident began in 34 Rush, a bar inside Batavia Downs, and Finnell noted that surveillance footage reveals not just the initial incident but the degree to which Sanfratello was known in the community and that he was highly regarded. People are seen shaking his hand and patting him on his back as he escorts Elmore and Elmore's fiance, Lyndsey Wilcox, from the facility.
Finnell argued that Elmore should receive the maximum sentence of 20 years in prison under the terms of the plea deal.
The initial incident in the bar, he said, at most would have resulted in an appearance ticket but Elmore chose to escalate the situation.
Elmore chose that route even as Sanfratello was showing great patience with Elmore and Wilcox, doing his duty as a dedicated public servant but not in an over heated way, but remaining calm and cheerful.
Sanfrantello was just doing his job, Finnell told the court.
Three of the sergeant's children addressed the court, delivering victim impact statements.
Ian Sanfrantello, a corrections officer and volunteer firefighter who was dispatched with the Town of Batavia Fire Department to Batavia Downs on March 10, so the first in his family to learn of his father's death.
He said he stood in the lobby just about 10 feet away as Mercy EMS medics worked desperately to save his life.
"I was the one who had to make the excruciating call to my sister, waking her from her peaceful sleep to tell her that our dad was gone," Ian said.
It fell on Ian to tell the rest of the Sanfratello family "the heartbreaking news." He also comforted deputies who were visibly shaken by what had just happened.
"But the hardest thing I had to do that night was wake my grandmother and tell her that her baby boy -- her son -- had been taken from us while doing what he loved."
Ian said he's still trying to make sense of the tragedy.
"I find myself asking why anyone would do something so heartless to someone they didn't even know," Ian said. "But that's the nature of criminals, and the man responsible for this is a career criminal.
"My dad dedicated his life to making Genesee County a safer place for everyone," he added. "Because of the actions of these two individuals, the people of this county lost a true hero -- someone who loved what he did and made a difference every day. And I lost my dad."
Kyla Sanfratello said it was hard to process the news that morning that she had lost her dad, as the text messages of condolences poured in. She thinks about all that was taken from her -- her dad someday walking her down the aisle, meeting his grandchildren for the first time some day, the kiss goodbye and the hugs.
"Not having him text me on my birthday or see him for all the holidays has been so hard and will still be hard because the truth is, he should still be standing here today, but he's not because he was taken," Kyla said.
Alexis Sanfratello called Elmore's actions "selfish."
"I am not sure why people think they do not have to obey the police. If you had only listened," she said, "my dad would still be here."
Elmore's sentence includes five years on probation upon his release. On his conviction for obstruction of governmental administration he received a sentence of 364 is jail, to be merged with his state prison term. He must pay mandatory fees and surcharges of $375. The judge signed multiple orders of protection for members of Sanfratello's family and witnesses to the crime.
Wilcox entered a guilty plea on Nov. 18 to 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.”
She is scheduled for sentencing at 10 a.m. on Jan. 21.
