The Western Regional OTB Board of Directors passed multiple resolutions at its regular meeting on Thursday.
Highlights:
Hire Kim Crawford at a cost of $155,661 to maintain the race track in 2024 and 2025, which includes resurfacing, rebanking, and maintaining the track at the highest possible level. The contract runs July 27 through Feb 27 (72 live race dates) and July 26, 2025 through Dec. 6, 2025 (56 live race dates).
Contract with Quality Inn and Suites, 8250 Park Road, Batavia, to provide four units at the hotel to accommodate up to nine groomers, required under an agreement with the New York Horsemen's Association, at a cost not to exceed $40,000. Quality Inn and Suites was the only hotel in the area that responded to a request for proposal.
Contract with the Genesee County Sheriff's Office is to provide law enforcement officers with assistance with security at Batavia Downs from June 1 to May 31, 2025, at a cost of $150,000.
Contract with Batavia PD to provide law enforcement officers for additional security at the concert venue on concert nights, June 10 through Aug. 31, for a cost of $35,000.
In order to provide additional parking for customers, contract with DAB LLC to allow parking in the former Kmart parking lot at a cost of $80,000.
CEO Henry Wojtaszek's departure from Western Regional OTB really is a decision rooted in consensus with the Board of Directors, he said on Thursday evening, hours after the board voted 14-1 to buy out his contract
His last official day with the company will be Dec. 31.
"For my part, this is something I've discussed with a few members for a few months," Wojtaszek said.
The Batavian asked if he would further explain his decision and he declined to elaborate.
There have been rumors that he intended to run for elected office in Niagara County. He said that's not his intention at this time.
"You know, people have asked me about that many times," Wojtaszek said. "I really have no idea at this time what I'm going to be doing. Like I told people today, I plan to practice law. That's what I did before. I came here, and I was general counsel first. So, I plan to do that. Anything other than that, we will deal with it at the time."
Wojtaszek started with the company in 2010 and became CEO in 2016. His salary is $264,898.
The agreement approved by the board provides Wojtaszek with a full year's salary, to be paid out on Dec. 15.
In the same motion that signaled the eventual end of Wojtaszek's career with the OTB, the board also approved buyouts for CFO Jackie Leach, and VP of Operations William White.
They will each receive a half-year's salary, paid out on Dec. 15 also, at the end of their employment in 2025.
In a regular monthly meeting on Thursday, the board of directors for Western Regional Off-Track Betting voted to buy out the contracts of CEO Henry Wojtaszek, CFO Jackie Leach, and VP of Operations William White.
The board called the buyout a "renegotiation."
Board President Dennis Bassett issued a press release after the meeting stating, "We have mutually renegotiated these contracts in the best interest of each individual and our corporation."
The statement characterized it as an "amicable separation."
In a statement issued after the meeting, Wojtaszek said:
I’ve enjoyed my 15 years here at Batavia Downs, and I want to thank the board and all of our 400 employees for their support. My focus now will be on ensuring a seamless transition to new leadership.
I see a great future for this organization as they build upon many of our accomplishments that have made Batavia Downs a first-class entertainment venue.
After the meeting, when asked if this change in job status didn't constitute a firing, Basset said, "It's at their request."
He also said there was no political pressure to status change.
"We don't run this organization based on politics," Bassett said. "This is a business. There's no political pressure here to do anything."
Wojtaszek started with the company in 2010 as general counsel and became CEO in 2016. His salary is $264,898.
Under the terms of the agreement with Wojtaszek, the CEO will leave his job on Dec. 31. In exchange for foregoing the remaining time on his contract, he will receive a full year's salary. He must also agree not to take a job or engage with any other entity in the gaming business through 2026. Other benefits due to Wojtaszek will be resolved through negotiations.
Leach started working at Batavia Downs in 1989 as a staff accountant and earns $221,582 as the chief financial officer. She will leave her position after her sick, vacation, and compensation time, if any, in early spring 2025. She will remain on-premises through Jan. 31, 2025, and will split time between home and office in February. For the remaining time on her employment contract, she will be paid half her annual salary.
White was named VP of administration in 2012. His salary is $155,168.
He will continue working through April 30. At that time, he will use up any remaining sick leave and vacation time. He will receive half of a full year's salary.
The resolution authorizing the "negotiations" authorizes Bassett to form a search committee for new executives.
Dennis Bassett. Photo by Howard Owens
The resolution passed 14-1, with Tim Callan, representing Erie County, casting the lone no vote. The seats for Seneca and Wayne counties are currently vacant. Genesee County's representative, Charles Zambito, voted yes.
After the vote, Board Member Vincent W. Horrigan, of Chautauqua County, said, "This cooperation, in my short time here, has achieved incredible results and performance for the counties for the state. That doesn't just happen. It's an incredible leadership team that made that happen. And I would just like to acknowledge the leadership team. They have done absolutely incredible work. Intentions are important, but results are to be congratulated."
Immediately after the meeting, Zambito declined a comment request.
While OTB's revenue and payments to the shareholder municipalities have grown significantly over the past decade, Batavia Downs has been the target of complaints about some of its business practices in recent years.
In November 2023, Western OTB protected $86.4 million in net revenue from racing and gaming operations for the year. The 17 municipalities that own businesses were set to receive more than $10 million in distributions.
A decade and a half ago, the NYS Comptroller's Office issued a report that expressed concern that OTBs in the state, including Western OTB, were on the brink of failure. Since then, Batavia Downs has expanded gaming, added a concert series, remodeled its event space, started hosting more events, built a hotel, added two new bars, and remodeled its restaurant, with most of that business expansion coming in the past eight years.
The board came under fire for health insurance coverage members received based on a 2008 NYS Comptroller's report that seemingly contradicted previous comptroller's reports. The report, which is no longer online, reportedly said Western Regional OTB wasn't permitted to provide free health care coverage to board members, even though two prior audits, state law, and case law supported the ability of government agencies that operated as businesses, such at Western Regional OTB, could in engage in standard business practices.
It's common in corporate America to provide health care, along with other compensation, to board members.
Attorneys for Western OTB said providing health insurance was legal, but an outside council hired to review the issue recommended that the board rescind the health insurance perk, which it did in 2021.
In another Comptroller's Audit, the agency found that OTB engaged in poor record keeping for how perks, such as tickets to Bills and Sabres games, along with other events, were distributed to Batavia Downs customers, implying that some tickets went to board members and family members. Contrary to some reporting on the report, there were no allegations of graft or illegal activity related to the perks. The main issue was that Batavia Downs couldn't account for all of the tickets that were distributed. At least nine percent of the tickets distributed by Batavia Downs went to non-players. The facility has since improved its record keeping and tightened the rules around board members distributing and acting as hosts for gamers using the tickets.
The Comptroller also found that Wojtaszek did not properly record his use of a company-provided take-home vehicle. Wojtaszek admitted that he did not file the proper paperwork and reimbursed OTB OTB $3,000 to resolve the issue. At the time, the company was in the process of eliminating take-come vehicles and instead providing a vehicle allowance, which is now standard business practice in the United States.
Politicians and some reporters used the audits to misrepresent the issues raised as signs of "corruption." In May 2023, a Buffalo Democrat, Sen. Tim Kennedy, pushed through legislation to restructure the Western OTB board, establishing wasted votes based on county and city population, ending the equal distribution of board member votes among the counties and transferring control of the board to Buffalo and Rochester and Erie and Monroe counties.
"I can only say that I echo what Mr. Harrigan said," Bassett said after the meeting. "They have done a tremendous job. And they deserve, really, the time that they are going to move on and move forward with other endeavors. It's been a pleasure to work with all three of them."
Smash Mouth lead singer Zach Goode. Photo by Howard Owens
Smash Mouth brought more than a decade's worth of hits and some poppin' new tunes to Batavia Downs on Friday night.
The set ranged from monster hits like Walking on the Sun, I'm a Believer, and All Star to their latest single, Ride On, which kept the crowd dancing and smiling throughout the performance.
Henry Wojtaszek, President and CEO of Batavia Downs, and his wife Caroline Wojtaszek crossing the finish line at Sunday's race. Photo by Kara Richenberg
On a clear, sunny Sunday morning, 158 people turned out to participate in the Batavia Downs Jackpot 5K, an event that benefited WNY Heroes, Inc.
Batavia resident Justin Vrooman, 24, had the best overall time at 15:09. Second, Matt Oberst, 43, of Farmington, at 15:31.
The top female runner was Miranda Gatto, 19, of Niagara Falls, at 15:22.
This was the second year of the event at Batavia Downs.
Henry Wojtaszek speaking before the race on Sunday. Photo by Kara Richenberg
Runners at the starting line. Photo by Mike Richenberg
Kimberly Mills (#35) finished 1st in her age group with a time of 17:16. Photo by Mike Richenberg
Runners starting the race. Photo by Mike Richenberg
Ahead of the 2nd Annual Jackpot 5k Race at Batavia Downs on Sunday, June 16, Batavia Downs asks that all those traveling to or near Batavia Downs Gaming and Hotel during that morning to please note the following:
Beginning at 9 a.m. on Sunday, June 16, Park Road alongside Batavia Downs will only be open to southbound traffic beginning at Richmond. The lane closest to the gaming facility will be only for runners.
Motorists should be advised that Richmond Avenue and VA Hospital Drive will also have lanes closed during the race, lasting from approximately 9 to about 10 a.m.
Due to the pedestrian traffic, if you do not need to be near the Batavia Downs facility, it is best to avoid the area during that small window of time.
The music of the 1990s is still going strong, the way Zach Goode, lead singer of Smash Mouth, sees it.
Twenty-five years ago, San Jose-based Smash Mouth topped the charts with songs like Walking on the Sun and All Star, a pair of multiplatinum albums, and scoring multiple Top 40 hits, a string of success that continued into the early part of the new century.
Goode is in a unique position to observe the 1990s music scene. He worked it with some regional success in San Diego's vibrant punk, metal, and alternative rock scene and then took a deep dive into the Smash Mouth catalog three years ago when he replaced founding lead singer Steve Harwell. (Harwell left the band in 2021 due to health issues. He died in 2023.)
Once in the role, Goode studied Smash Mouth's records inside and out and knew, he said, just how well-written the songs were.
Zach Goode Photo by Cindy Hayes.
"I was really familiar with the hits," said Goode, himself a songwriter. "I didn't know all their back catalog, and as I listened to some of the stuff, I was like, 'Wow, if you had a different vocal on this, it could be a Beck song.' Some of the stuff is totally cool and artsy; it's retro and space-age, so it's really cool. It still sounds futuristic.
"It's really good songwriting. I think some of the songs Greg (Camp) wrote (are really good). If he wrote a song about a car, you know, that song is going to have three or four verses, a beginning, a middle, and an end. It wasn't just like a trendy, catchy earworm. He tells a story, and all the songs are very clever."
Camp left the band in 2008 and has returned periodically, but has worked on other projects, released solo material and is currently a songwriter and producer based in Los Angeles.
Canadian Paul De Lisle is the lone original member of Smash Mouth still with the band.
A hallmark of Smash Mouth's albums is the variety of genres they mixed together, which helps the entire catalog sound fresh today, from punk and hip-hop to ska and alt-rock. They even touched on bossa nova and disco.
"It's kind of a matter where all of the elements kind of came together -- the lyric, the production -- Eric Valentine's production was incredible -- and obviously they had hits, so that's what sets them apart from some bands."
Smash Mouth continues to attract a large crowd based on all of those hit songs, even if recent chart success has been elusive.
Since Goode joined the band, Smash Mouth has recorded 14 new tracks, including a Christmas album, along with a few singles. The latest single is Ride On, a disco jam celebration of California.
The band is working toward turning out a new album, hopefully by the end of the year, but between touring and all the band members living in different parts of the country, there are logistical challenges to overcome.
Meanwhile, they continue recording singles.
"I have about five songs I wrote that I submitted that are kind of in the queue," Goode said. "We're just slowly recording new songs and putting them out there. That's kind of the new paradigm in the music biz, right? Just to put songs out and work them for a while and then do another one. No one is in a real big rush to put out a new album unless you're the Taylor Swift of the world these days."
Those early Smash Mouth records were pretty special, as Goode understands, and that's the bar the band knows it must meet and what they're aiming for, Goode suggested.
"It's not easy, you know; it's like there's a certain thing that they had," Goode said. "That's not easy to replicate. I mean, even they couldn't replicate it, you know? Every song would be a number-one hit if they could be, but it's not that easy. There has to be a little bit of magic involved."
Three years into his new gig, Goode is grateful for the step up from a local band with no crew to support the performers to one with professionals all around and large, appreciative crowds that know all the band's songs.
"It's really nice to travel with these guys who know how to do their jobs," Goode said. "You're able to just focus and put on a good show.
"And wherever we go, ten thousand people show up, and they know all the songs. It's been a blessing. It's just great."
He also appreciates how the fans have embraced him as a new frontman for a beloved band.
"I was expecting a lot more pushback," Goode said. "I mean, sometimes, people aren't happy when you replace a band member, especially the lead singer, especially an iconic singer, so I was braced for the worst, and right from the beginning, people were just super accepting and nice."
As the new frontman for one of the top groups from the 1990s, he's stepped into a world that includes, among others, Everclear, Sugar Ray, the Spin Doctors, Fastball, Live, and the Barenaked Ladies. These are bands, he notes, that may no longer have the chart success they once had but still are in demand and draw big crowds.
"They might not still be on the radio every day but there's a huge generation of people (who are fans)," Goode said. "The older classic rock bands are not going to be around forever, unfortunately, and the 90s bands are the next wave of classic rock."
Smash Mouth headlines at Batavia Downs on June 21. For tickets, click here.
Kimberly Tomasik out in front of the field at the start of the Batavia Downs Jackpot 5K in 2023. File Photo.
By James Fink
For one morning, racers at the Batavia Downs' starting gate and finishing line will have two legs, not four.
Batavia Downs is hosting the second annual Jackpot 5K run - set for 9 a.m., Sunday, June 16 (Father’s Day) - where the runners will start and finish along the one-half mile track.
“It is designed to be a fun, fast, flat, and unique course,” said Dan Horan, race director and a retired Buffalo Police Department officer.
Runners (and walkers, too) will start on the Batavia Downs harness track and then make their way through various Batavia streets and the Batavia VA Medical Center grounds before returning to the track and the finish line.
“Actually, I think running through the VA hospital grounds is one of the more picturesque parts of the course,” Horan said.
The race’s genesis came from a happenstance meeting between Horan and Henry Wojtaszek, Batavia Downs president and CEO. Wojtaszek was looking for new events to bring to Batavia Downs, and the 5K (3.1 mile) race fit the bill.
“Things just worked out,” Horan said.
In its inaugural run, the race attracted 165 runners last year. More than 140 people, as of June 4, have pre-registered.
“It is gaining some traction, especially because of the course and being on the track,” Horan said. “But, our intent is to see this grow."
More than a dozen distillers were on hand at the annual Bourbon and Whiskey Fest at Batavia Downs to share their various bourbon, whiskey, and rye libations.
The event was held Saturday in conjunction with the running of the Belmont Stakes at Saratoga Springs.
The upcoming Bourbon & Whiskey Fest at Batavia Downs is seen as a natural fit for both Jeff Weisenborn's company and the venerable Genesee County destination.
"I see it as a perfect partnership," said Weisenborn, a sales representative for the Cheektowaga office of Empire Merchants North.
Empire is the regional distributor of popular brands such as Jack Daniel's, Woodford Reserve, and Old Forester - three of the most popular bourbon and whiskey brands sold in Western New York.
Batavia Downs and Empire Merchants North are partnering for the Sixth Annual Bourbon & Whiskey Fest on June 8, which also ties in with the Belmont Stakes. Various Jack Daniel's, Old Forester, and Woodford Reserve will be showcased.
"We do events like this because it helps draw attention to all our brands," Weisenborn said. "Jack Daniel's is an old town classic."
Events like the Bourbon & Whiskey Fest help Weisenborn "connect" with those who buy the various Jack Daniel's, Woodford Reserve, and Old Forester brands.
"People love to talk whiskey," Weisenborn said. "Whiskey and bourbon are extremely popular. People associate it with getting together and having a good time. And they love the history of our brands."
The Sixth Annual Batavia Downs Bourbon and Whiskey Fest is Saturday, June 8. The event runs 4:30 - 7 p.m. Tickets are $35 and include a $20 coupon for free play at Batavia Downs, a $5 betting voucher for the Belmont Stakes, food, a program, and a free glass. Tickets are available through BataviaConcerts.com.
James Fink writes on behalf of Batavia Downs. Sponsored Post paid for by Batavia Downs.
Officials from Batavia Downs Gaming and Hotel presented 2,250 complimentary tickets to William Joyce, Director of the Genesee County Veterans Service Agency. The tickets included 250 Tickets from each of Batavia’s Rockin’ the Downs Summer Concerts.
“This marks the 6th year in a row that Batavia Downs supported our local Veterans with free tickets to our shows, “said Batavia Downs CEO and President Henry Wojtaszek. “Giving back to our local Veterans for all they’ve done for our country is something we are proud of.”
Tickets for the concert series can be purchased at BataviaConcerts.com. Performances include:
June 21st Smashmouth
June 28th Barracuda (Heart Tribute)
July 5th April Wine & Carl Dixon
July 12th Clay Walker
July 19th Peace Frog (Doors Tribute)
July 26th Bacon Brothers
August 2nd Rumours ATL & Practically Petty (Fleetwood Mac and Tom Petty Tribute)
August 9th 38 Special
August 16th Tommy DeCarlo/Jason Scheff and August Zadra (The Music of Boston, Chicago and Styx)
Officials at Batavia Downs today announced that in preparation for the Kentucky Derby running this weekend, they will be extra staffing at all OTB Branches to help with those looking to place wagers.
Free Derby Programs will be available at Batavia Downs, All OTB Branches and all EZ Bet locations.
OTB Branches will open at 10 a.m. as Churchill Downs’ first race of the day will be at 10:30 a.m. The Kentucky Derby is at 6:57 p.m. and will be televised on NBC and Peacock.
At Batavia Downs, guests may place wagers upstairs at the onsite ITW and inside the Park Place Room. They will be hosting a $30 lunch special which includes a $25 Free Play, $5 Wager on the Derby, Derby Program and a 1/2 Chicken BBQ Lunch from Center Street Smokehouse. Attendees can pay at the door.
The Derby Gala inside the historic Batavia Downs Clubhouse is sold out.
OTB Branches, EZ Bets, and the Batavia Downs ITW will be doing drawings for Derby Glasses and Star Wars Themed Derby shirts as the 2024 Derby falls on Star Wars Day.
Wagers can also be placed on BataviaBets.com from a phone, tablet or computer. People can also wager via the Dial-A-Bet service at 1-800-724-4000.
“This is an exciting year for us,” said Henry Wojtaszek, President and CEO of Batavia Downs. “Not only is it the 150th Kentucky Derby, but it’s also Western OTB’s 50th anniversary. Our entire team has been working tirelessly to make sure our gaming facility and branches are ready to welcome guests this Saturday. We wish everyone good luck on their bets and may the horse be with you.”
Batavia Downs Gaming & Hotel has announced that the Fur Ball Gala Fundraiser on Saturday, April 13th, raised $30,000 for Begin Again Horse Rescue in Lima and Whispering River Rescue in Gasport.
Over 90 baskets donated by local companies and individuals were raffled off to the more than 200 persons in attendance. Hall of Famer Thurman Thomas took pictures with attendees while they enjoyed food and drink. Attendees danced the night away as they enjoyed music from DJ Jimmy B.
The charities will use the funds from the gala to support their work, which includes caring for horses, donkeys and other farm animals.
“After the success of last year’s event, we were excited to welcome even more people to our event this year, with our attendance going over 200 people. We are indebted to local businesses and community members who came together in support of the Fur Ball Gala,” said Jacquelyne Leach, CFO for Western OTB / Batavia Downs Gaming & Hotel and Jody Coffta, General Manager of Food & Beverage for Batavia Downs Gaming & Hotel. “We want to thank all the volunteers, our staff and the many vendors who donated food and beverages for this event. This was truly a great team effort. To all those who contributed baskets for the raffles, please know we could not have done this without you.”
For those interested in getting involved with this year’s local animal organizations, information for each can be found here:
A layer of clouds between Western New York and the sun didn't dampen the party mood at Batavia Downs, which hosted an Eclipse Party on Monday afternoon featuring the band Nerds Gone Wild.
The hotel was sold out and more than 400 people attended the event, said Marketing Director Ryan Hasenauer.
"The assembled crowd headed to the track and cheered as they watched totality approach, and then cheered once again when it became light again, Hasenauer said. "We thank everyone who came out to enjoy the festivities at Batavia Downs."
Hasenauer said the eclipse capped off a successful weekend for Batavia Downs, which also featured a well-attended Experience Psychic Fair.
File photo of Batavia Downs. Photo by Howard Owens
A State Supreme Court judge ruled today that a lawsuit can proceed challenging a new weighted voting system for the 15 counties and cities of Rochester and Buffalo that make up Western Regional Off-Track Betting Corp's ownership.
Through the first 50 years of WROTB, each entity had the same vote, or one vote, for each municipality, regardless of the population.
However, the state budget approved about a year ago included legislation that implemented a new weighted voting system. It gives 99 votes total, with more populous municipalities getting more votes. Erie County gets the most with 24 votes, while the four smallest counties, Orleans, Wyoming, Seneca and Schuyler, get one each.
Here is the breakdown of votes per municipality:
Erie County: 24
Monroe County: 20
City of Buffalo: 10
City of Rochester and Niagara: 8
Chautauqua: 5
Oswego: 4
Steuben, Wayne, Cattaraugus, Cayuga: 3
Livingston and Genesee: 2
Wyoming, Orleans, Seneca, Schuyler: 1
Six counties filed lawsuits against Gov. Kathy Hochul, Attorney General Letitia James, the State Senate, and the State Assembly.
The counties in the lawsuit are all Republican-led and include Orleans, Genesee, Niagara, Livingston, Wyoming, and Seneca. Oswego was also added to the lawsuit today.
The lawsuit was filed in September in Orleans County, and a motion to dismiss the case was heard today by Judge Frank Caruso.
Joe Terragnoli, representing the Attorney General’s Office, appeared in court today with Dennis Vacco, representing the seven counties.
Vacco said the case is a very important challenge, showing smaller rural counties standing up to a “power grab” imposed by the state.
“I’m a little emotional about it because I think they receive these types of shenanigans from Albany all the time,” Vacco, a former state attorney general, told the judge in court this afternoon.
The municipalities in WROTB fronted the money to start WROTB in 1973, which has returned about $245 million in profits to the municipalities. Terragnoli said the initial funding to start WROTB has been paid back – many times – to the counties.
“It’s been a very lucrative deal,” he said. “They gave loans, and they were paid in full.”
That contribution never guaranteed an equal vote for perpetuity. The money didn’t purchase voting rights, Terragnoli said.
The state has the right to restructure the board with a weighted vote, he said.
Vacco said the smaller counties never would have put up the money if they had such a small voice at the board table.
He said the change could harm the smaller counties economically, especially if the four members with the most votes – Erie, Monroe, Rochester and Buffalo – get together and make a decision that could hurt the payouts to the other counties. Vacco said the four larger municipalities could go on a hiring spree, approve a capital project the others oppose, or even sell Batavia Downs.
The racetrack in Batavia has 912 video gaming machines that generate about $7 million in profits each month. WROTB also has nine OTB branches and 24 EZ Bet locations.
Vacco also said the legislation approved in May 2023 specifically targeted WROTB and not the other regional OTBs in the state – Capital OTB, Catskill OTB, Nassau OTB and Suffolk OTB.
Terragnoli acknowledged the legislation, pushed by State Sen. Tim Kennedy of South Buffalo, was partly in response to allegations of mismanagement by WROTB. The organization was faulted in an audit by State Comptroller Tom DiNapoli, who said the organization’s leadership did not properly account for $120,000 worth of sports and event tickets purchased by the company. Kennedy and others have characterized the account error as "corruption."
WROTB has said there are tighter controls now for how those tickets are distributed.
The state comptroller and attorney general also have questioned WROTB for providing fully paid health insurance coverage to board members. The organization has also ended health benefits for new board appointees.
Terragnoli said the WROTB board didn’t do enough to self-correct, which prompted the legislation with the weighted voting for the board. That legislation also removed all the board members at the time, with the 15 counties and two cities to appoint either the same representatives or new ones. (Orleans County opted to reappoint Ed Morgan to the role. Genesee County's director, Richard Siebert, turned in his resignation over the board restructuring and later was replaced by former Genesee County Court Judge Charles Zambito).
Terragnoli said the counties that have sued the state over the changes with the board at WROTB are now claiming they could be hurt financially.
“Where was the concern when the comptroller’s report came out?” he said in court about the unaccounted tickets and perks intended for Batavia Downs customers.
Vacco also said the legislation championed by Kennedy twice failed to pass the Legislature on its own merits. It only passed when it was included in the state budget vote in an act of “subterfuge.”
The legislation would needed a two-thirds majority vote if it had been a standalone bill, Vacco said. It didn’t get the two-thirds threshold as part of the state budget, which is another reason the weighted-voting change should be negated, he said.
Vacco said the counties will wait for the state to file its response to today’s ruling. An evidentiary hearing could also be one of the next steps in the case.
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.
Lyndsey Jean Wilcox
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.
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."
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.
Michael J. Elmore 2013 File Photo/Booking Photo
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.
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.
Submitted photo of Joe Pantoliano – Actor (Sopranos, Matrix).
Press Release:
Batavia Downs Gaming and Hotel had a record-setting week From February 18 to 24. With daily promotions, nicer weather, and the heavily anticipated Legends & Stars Sports Card Expo taking place in the week, more than $25 million in Credits Played went through the machines at the gaming facility, marking its highest week-long total of all time.
On Friday, Feb. 23, Batavia Downs reported its third-best, single-day record in credits played, with $5,173,626.
The week total for net win of $1,871,544 was the second-highest in Batavia Downs's history.
“We are so very appreciative that, in a region with so many entertainment options, people are choosing to visit Batavia Downs in record numbers," said Henry Wojtaszek, Batavia Downs President and CEO. “To commemorate the record-breaking weekend and to say "thank you" to our guests, I’ve asked our Marketing Team to do a special promotional drawing on Sunday.“
A special drawing, set for 8:30 p.m. on Sunday, March 3, will see one person win $2,000 in cash and a pair of suite-level tickets to the Zach Bryan March 10 concert at KeyBank Center.
Anyone who plays on March 3, using their Player's Card, is eligible for the contest.
Submitted photo of Lawrence Taylor - Giants Legend.
Batavia Downs Gaming & Hotel has announced details for their Eclipse Party, scheduled from 1 - 4 p.m. on Monday, April 8 during the Total Solar Eclipse happening that day.
Tickets are just $20 and attendees receive back $10 in Free Play. Attendees will receive ISO-certified Eclipse Viewing Glasses, Snacks, and Beverage Sampling courtesy of Tops Markets, Starry, Sunkist, Blue Moon, Heron Hill, and the Totality Black Lager from Rohrbach, Strangebird, and Three Heads Brewing.
There will be Live Music courtesy of Nerds Gone Wild, WNY’s Premier ’80s Party Band from 1 - 3 p.m. Attendees will have access to the track apron for Eclipse Viewing for the 3-minute, 43-second Eclipse.
The gaming floor will have promotions and giveaways prior to the party as well.
“We are excited to celebrate this once-in-a-lifetime event with the people of Western New York and beyond, “said Henry Wojtaszek, President and CEO for Batavia Downs Gaming & Hotel. “We look forward to entertaining all those coming to the area and are keeping our fingers crossed for clear weather.”
Tickets are available now on bataviaconcerts.com.
Hotel Packages for this event for out-of-towners, or locals wishing to take a staycation, can be booked by calling Sara at (585) 344-6155. Hotel packages include 2 nights of accommodations (Sunday and Monday) alongside a free blanket and complimentary welcome dinner on Sunday night.
Other events scheduled on Eclipse weekend include the Experience Psychic Fair April 5 - 7.
