crime

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.

Chad W. Burgess, 37, of St. Paul Street, Rochester, is charged with criminal possession of a controlled substance 2nd, two counts of criminal possession of a narcotic with intent to sell, three counts of criminal possession of a controlled substance with intent to sell, tampering with physical evidence, criminal use of drug paraphernalia 2nd, and unlawful fleeing a police officer. Burgess is accused of fleeing a traffic stop at 1:51 a.m. on Feb. 25 on Lewiston Road, Batavia. Both deputies and troopers pursued him before being captured on Park Road, Batavia. He was allegedly found in possession of a large quantity of narcotics. Burgess was held pending arraignment. The investigation was led by Deputy Ryan Mullen, assisted by Deputy Jeremiah Gechell.

Oraid J. Blackshear, 19, of Batavia, is charged with criminal possession of a weapon 2nd, tampering with physical evidence, resisting arrest, and obstructing governmental administration 2nd. Blackshear is accused of fleeing police on foot and resisting arrest on Feb. 16 after officers attempted to take him in custody on a warrant. He was allegedly found in possession of a loaded firearm. Blackshear was arraigned and jailed on $1,000 cash bail.

Nikkia M. Farias, 26, of Batavia, is charged with obstructing governmental administration 2nd and resisting arrest. Farias is accused of trying to prevent police officers from arresting another person on Feb. 16 by pulling them away from officers as they attempted to take the suspect into custody. She was issued an appearance ticket.

Alan D. Tidd, 34, of Batavia, is charged with four counts of failure to register or verify as a sex offender, second offense. Tidd is accused of failing to register four internet identifiers related to social media accounts and a phone number. He was arraigned in City Court on Feb. 16 and jailed.

Wendy L. Henry, 39, of Batavia, Brian M. Raphael, 35, of Batavia, and Jessica D. Delcour, 41, of Batavia.  Henry, Raphael, and Delcour are accused of illegally entering an apartment on Feb. 12 on Fisher Park. All three were issued an appearance ticket.

Lisa R. Richmond, 35, of Batavia, was charged on Feb. 14 with petit larceny. Richmond is accused of stealing money allegedly intended for a Batavia City School fundraiser. She was arraigned and released on her own recognizance.

Douglas G. Goodwin, 32, of Batavia, is charged with criminal trespass 3rd. Goodwin is accused of unlawfully entering a building on Harvester Avenue on Dec. 27. He was issued an appearance ticket.

John A. Cabrera, Sr., 56, of Batavia, is charged with criminal contempt 2nd. Cabrera is accused of violating a stay-away order on Feb. 11 on Washington Avenue, Batavia. He was arraigned in City Court and released.

John H. Bush, Jr., 40, of Batavia, and Jennifer K. Freeman, 40,  of Batavia, were both arrested on Feb. 15 on warrants issued by City Court. The warrants stem from a traffic stop on June 30. Bush was charged with driving on a suspended registration, aggravated unlicensed operation, resisting arrest, and criminal possession of a controlled substance 7th. Freeman was charged with criminal possession of a controlled substance 7th. Both are accused of failure to appear in court. They were arraigned and released.

Juan L. Figoura, 21, of Batavia, was arrested on a pair of warrants on Feb. 20. The first warrant charges Figoura with criminal contempt 1st, for allegedly violating an order of protection July 14. The other is related to an incident reported on Aug 17. Figoura is charged in that case with criminal contempt 1st, grand larceny 4th, criminal mischief 4th, petit larceny and harassment 2nd. Figoura was arraigned in City Court and remanded to the Genesee County Jail.

Ihsaan Y. Parker, 22, of Rochester, was arrested on Feb. 22 on a warrant. Parker was initially charged on Aug 2, with operating a motor vehicle with registration suspended, aggravated unlicensed operation 3rd, and operating without a valid inspection.  Parker is accused of failure to appear in court as ordered on the initial charges. He was arraigned in City Court and released.

Elijah G. Schultz, 29, of Mill Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, uninspected motor vehicle, consumption of alcohol in a motor vehicle, and unlicensed operator. Schultz was stopped in the Village of Le Roy at 1:36 a.m. on Feb. 12 by Deputy Ryan Mullen. He was issued an appearance ticket.

Gregory George Goodberlet, 66, of Lyman Road, Byron, is charged with DWI, aggravated unlicensed operation 1st, aggravated unlicensed operation 2nd, unlicensed driver, and moving from lane unsafely. Goodberlet was arrested at 4:39 p.m. on Feb. 19 at a location on Lyman Road following a welfare check. He was issued an appearance ticket and released.

Madeline Anne Morrison, 25, of Wood Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving on a suspended registration, and drinking alcohol or using cannabis in a motor vehicle on a highway. Morrison was stopped at 2:44 a.m. on Feb. 24 on Clinton Street Road, Batavia, by Deputy Jacob Kipler. She was issued an appearance ticket.

Michael Louis Harris, 55, of Marlbank Drive, Rochester, is charged with DWI, failure to keep right, and moving from lane unsafely.  Harris was stopped at 1:19 a.m. on Feb. 25 on Clinton Street Road, Bergen, by Sgt. Mathew Clor. He was held pending arraignment. 

Cody Alan Bush, Sr., 38, of Columbia Avenue, Batavia, is charged with aggravated harassment 2nd. Bush is accused of threatening the life of another person during a telephone call at 8:31 a.m. on Jan. 22. He was issued an appearance ticket.

Ross Conrad Poodry, 35, of Bloomingdale Road, Akron, is charged with felony DWI, aggravated unlicensed operation 1st, reckless driving, speed not reasonable and prudent, and failure to stop at stop sign. Poodry was reportedly involved in a property damage accident at 10:11 p.m. on Feb. 28 on Akron Road, Pembroke He was held pending arraignment. 

Victoria Helen Richards, 48, of Park Road, Batavia, is charged with endangering the welfare of a child. Richards is accused of providing a child with drugs while at the Quality Inn and Suites at 2 p.m. on Feb. 27. Richards was issued an appearance ticket.

Dustin Larry Stump, 53, of State Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and driving a vehicle without an inspection certificate. Stump was stopped at 4:10 p.m. on March 1 on Byron Holley Road, Byron, by Deputy Zachary Hoy. He was released on an appearance ticket.

Rosemary Renee Waters, 37, of East Main Street Batavia, is charged with criminal possession of a controlled substance 7th and criminal trespass 3rd. Waters was arrested following a traffic stop and roadside investigation by Deputy Jonathan Dimmig and Deputy Zachary Hoy on Feb. 25 at 4:05 p.m. on Beaver Meadow Road, Byron. Waters is accused of trespassing on CSX Railroad property and possessing a controlled substance. She was issued an appearance ticket.

Christy Lynne Thurston, 49, of Fetzner Road, Rochester, is charged with DWI, aggravated DWI, resisting arrest, open container, failure to keep right, speeding not reasonable and prudent,  and moving from lane unsafely. Thurston was arrested following the report of a motor vehicle accident at 2:59 p.m. on March 3 on Lockport Road, Oakfield, investigated by Deputy Mason Schultz and Deputy Morgan Ewert. Thurston was released on an appearance ticket.

Kristen Lynn Fix, 49, of Washington Avenue, Batavia, is charged with DWI, resisting arrest, obstructing governmental administration 2nd, moving from lane unsafely, and unlicensed driver.  Fix was stopped at 10:12 p.m. on March 2, on East Main Street, Batavia, by Deputy Zachary Hoy. She was held pending arraignment.

Matthew J. Callaghan, 33, of Blue Spruce Drive, Rochester, is charged with DWI, aggravated DWI, and side windows not transparent. Callaghan was stopped at 12:24 a.m. on March 2 on Clay Street, Le Roy, by Deputy Carlos Ortiz Speed. He was released on an appearance ticket.

The District Attorney's Office will not appeal the dismissal of a DWI charge against a Bethany resident over a procedural error by prosecutors, Assistant District Attorney William Zickl says.

The case was dismissed on appeal by County Court Judge Melissa Lightcap Cianfrini, upholding an earlier ruling by City Court Judge Durin R. Rogers that a defendant's right to a speedy trial was violated because of the procedural error.

Zickl told The Batavian in a statement that filing an appeal would require the DA's office to convince judges at the appellate level that a question of law -- not facts -- was in dispute.  A state appeals court taking on such a case is rare and far from automatic, Zickl said, so the DA's office would need to make a compelling case that the law was improperly applied in dismissing the charge.

"I believe there is a substantial threshold issue presented in this case regarding whether such a pure question of law exists to allow the Court of Appeals to entertain the matter," Zickl said. "Based upon the foregoing procedural backdrop and the fact that this decision will not have broad application due to its highly unusual fact pattern, we have decided not to attempt to gain leave to appeal the decision of the County Court to the Court of Appeals."

Rogers dismissed the case, according to a court document, because the DA's office was not ready for trial more than a year after the arrest of the defendant. The Sixth Amendment guarantees those accused of a crime the right to a speedy trial.

Background
On July 3, 2021, Gregory R. Solomonidis was arrested in the city of Batavia following a traffic stop on East Main Street. Solomonidis was accused of driving with a BAC of .08 or greater.

On Aug. 26, 2021, at a City Court hearing on the case, ADA Joseph Robinson filed with the court what is known as a Certificate of Compliance, which is a document that informs the court and the defense that all material in possession of the prosecution that the defendant has a right to review has been turned over to the defense.  The defense has a right to review all material relevant to the charges, including material that might aid the accused.

On Sept. 17, the defense filed a motion seeking dismissal because the prosecution did not provide a copy of the dispatch center recording of police transmissions relevant to the arrest of Solomonidis. The prosecution countered that the discovery material included notice that the recording existed with instructions on acquiring a copy of the recording if the defense wished to listen to it. 

According to court documents, ADA Jenna Bauer, who took over the case at this time, argued in court that as a former dispatcher, she understood the difficulty in retrieving recordings given the limitations of the communication system in the dispatch center and that retrieving recordings took considerable time for a dispatcher.

On Nov. 30, 2021, the court held a hearing to examine the evidence in the case and the arresting officer was called to the stand.  During cross-examination, the officer was asked about his prior employment as a part-time police officer in the village of Perry. The officer testified that he had left the job because he believed he had violated the department's social media policy with a post or posts on Snapchat.  In court documents, this is called "the Snapchat incident." 

The officer said the department did not discipline him due to this incident.  Batavia PD subsequently hired him, and he remains a Batavia police officer.

Even so, the defense argued that this incident, which was apparently not discussed in detail during the hearing, constituted "50-a" material, or material in an officer's personnel file that could conceivably impeach the officer's credibility. 

The court gave the prosecution -- in keeping the existing case law -- more time to comply with the discovery requirements.

At a hearing on March 1, 2022, Bauer informed that no effort had been made to obtain information on the "Snapchat incident."  On March 17, she requested more time to obtain the information. 

"I have started my inquiry with the Perry Police Department," she told the court.

On March 28, the DA's office received a letter from the village of Perry clerk regarding the incident, and that letter was provided to the defense.

A month later, Rogers dismissed the charge against Solomonidis.

Appeal to County Court
In her ruling, Cianfrini overturned Rogers on the issue of the dispatch center recording. She determined the DA's office had complied with discovery rules by informing the defense the recording existed and providing instructions on how to obtain it and that once the defense made a request in court, the DA's office produced the recording within two days.

Cianfrini did find, however, that prosecutors failed to exercise "due diligence" in trying to acquire documents from the Perry Police Department regarding the "Snapchat incident." 

Cianfrini compared prosecutors' actions with a ruling in another case, People vs. Godfred, where a prosecutor provided extensive details on how she tried to obtain discovery material but could not.  The documentation provided to the court in that case demonstrated "due diligence" and "reasonable effort" as required by the law.

"... the Appellant's Brief is absolutely silent as to the steps the various prosecutors assigned to this case took to ensure that it had ascertained the existence of all discoverable information as it relates to impeachment materials, most notably the "Snapchat incident," Cianfrini wrote. "There is no explanation as to why the People were unaware of these potential impeachment materials. It is nearly impossible for this Court to gauge how obvious the missing materials would have been, given the dearth of information provided by the People. Moreover, the People provided a letter from the Perry Village Clerk. No letter was received from the PPD itself."

And she continues, "Unlike the prosecutor in Godfred, no clear record was made by any of the prosecutors assigned to this case as to specifically whom at the PPD was contacted to obtain the information (such as the police chief or supervising officer), method(s) of contact and attempted contact, or if they even spoke with the Officer himself about the violation after learning about it."

Cianfrini is a former first district attorney in Genesee County and noted in a footnote that the lack of due diligence could result from multiple ADAs handling the case, which led to the procedural issue being overlooked. 

"Given the lack of record of the efforts taken to ascertain the existence of the Snapchat incident, this Court is constrained to find that the prosecutors did not exercise due diligence or make reasonable inquiries to discover the existence of the same," Cianfrini ruled. "Thus, the initial COC and any subsequently filed COC were illusory, and the People were not ready for trial."

The COC is the Certificate of Compliance that all discovery has been turned over.  If evidence is missing, the legal term for the defect is "illusory." 

The lack of readiness for trial denied Solomonidis his right to a speedy trial, Cianfrini ruled. Thus, she upheld the dismissal of the DWI charge.

Batavia Police Chief Shawn Heubusch expressed dismay at the case's outcome, saying that the officer in question is a valued law enforcement officer.  He issued the following statement:

A recent ruling by a Genesee County Court dismissed a DWI charge made by a Batavia Police Department officer because of a prosecutorial error. 

The Court determined that the prosecution did not disclose that the arresting officer resigned from his position as a part-time officer with the Village of Perry Police Department over a social media matter. The officer resigned and subsequently joined the Batavia Police Department.

Our officer fully disclosed this matter during his interview with us. The Batavia Police Department fully supports our officer, and he has an exemplary service record.

Felicia R. Sherrell, 43, of Batavia, is charged with DWI, driving while ability impaired by drugs and alcohol, failure to keep right, leaving the scene of a property damage accident, harassment 2nd, and resisting arrest. Sherrell was arrested in connection with a motor vehicle accident reported on Dec. 17. According to police, Sherrell's vehicle struck a sign on West Main Street at Oak Street, Batavia, and then left the scene. Once located, Sherrell allegedly resisted arrest and struck an officer. She was released on an appearance ticket.

Isaiah J. Munroe, 33, of Batavia, is charged with assault 3rd, unlawful imprisonment 2nd, and criminal mischief 4th. Munroe is accused of being in a fight with another person on Walnut Street, Batavia, on Feb 4. He is accused of restraining a person and preventing the person from calling for help. He was arraigned and released.

Michael R. Ostrander, 59, of Batavia, is charged with assault 3rd. Ostrander is accused of hitting another person, causing injury, during an incident on Feb. 9 on Mill Street. Ostrander was arraigned and released.

Leona J. Polk, 44, of Le Roy, is charged with harassment 2nd. Polk is accused of striking a nurse in the emergency room at UMMC on Feb. 12. She was issued an appearance ticket.

Rebecca R. Fugate, 33, of Batavia, is charged with harassment 2nd. Fugate is accused of striking a person on Feb. 12 while on a bus in Batavia. She was issued an appearance ticket.

Kristen R Aquino, 40, no community listed, is charged with DWI. Aquino was stopped on Feb. 3 on Liberty Street by a Batavia patrol officer. She was issued an appearance ticket.

David J. Sokolowski, 54, of Batavia, is charged with criminal possession of a controlled substance 7th. Sokolowski was allegedly found in possession of narcotics on Feb. 6 in the city of Batavia. He was issued an appearance ticket.

Jaylinn M O'Neil, 33, of Le Roy, was arrested on Feb. 7 on a warrant issued by City Court. O'Neil was initially charged with aggravated unlicensed operation of a motor vehicle 3rd on Nov. 8. She is accused of failure to appear in court as ordered. She was arraigned in City Court and released pending her next court appearance.

Peter Hubbard, 43, of Lovering Avenue, Buffalo, is charged with DWI, DWAI (combined influence of drugs and alcohol), driving with a BAC of .18 or greater, moving from lane unsafely, driving left of pavement markings.  Hubbard was charged following an investigation by deputies Zachary Hoy and Nicholas Chamoun at 5:40 p.m. on Dec. 16 on Ellicott Street Road, Pavilion.  He was arrested on Feb. 17. Hubbard was released on an appearance ticket.

A 13-year-old was arrested by State Police on Feb. 15 and charged with burglary 3rd. The alleged burglary was reported on Dec. 29 at 5:17 p.m. in the Town of Elba. No further information released.

Jacqueline M. Kotas, 49, of Alden, is charged with DWI. Kotas was stopped by State Police at 9:30 p.m. on Feb. 13 in the Town of Darien. She was issued an appearance ticket.

Dylan T. Jordan, 22, of Bliss, was arrested on a warrant on Jan. 29.  The arrest stems from an incident reported on Jan. 15. Jordan is accused of engaging in a fight with police officers in the emergency room at UMMC. Jordan allegedly placed an officer in a headlock and attempted to strangle him. Jordan was charged with attempted assault 2nd, attempted strangulation 2nd, criminal obstruction of breathing, obstructing governmental administration 2nd, and harassment 2nd. Jordan was arraigned in City Court and released under supervision.

Edmund Sobresky, 54, of North Street, Batavia, is charged with DWI/Drugs. Mathew Parker, 34, of Batavia, is charged with criminal possession of a controlled substance 3rd and criminal possession of a controlled substance 4th. Katelyn Jimenez, 30, of Eagle Street, Medina, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, and criminal impersonation. Deputies conducted a traffic stop at 1:30 a.m. on Feb. 8 at Route 33 and Route 5, Batavia. Deputies determined that Sobresky appeared to be driving while under the influence of drugs. During the traffic stop, found the occupants of the vehicle were allegedly in possession of a large quantity of narcotics, enough to lead to accusations of dealing drugs.  Jimenez is also accused of providing deputies with a false name. All were held pending arraignment.

Tajhenne T. Walker, 28, of Buffalo, and Ericka K. McBride, 34, of Buffalo, are charged with grand larceny 4th, possession of burglar tools, and conspiracy 6th. Walker and McBride are accused of stealing merchandise from Ulta Beauty on Veterans Memorial Drive, Batavia, at 7:28 p.m. on Feb. 3rd. They were released on appearance tickets.

Danny D. Williams, 35, of Batavia, is charged with criminal contempt 1st.  Williams is accused of violating an order of protection on Jan. 28. He was arraigned in City Court and ordered held. 

Olivia J. Patten, 26, of Oakfield, was arrested on Feb. 1 on a warrant issued by City Court. Patten was initially charged on Nov. 1 with aggravated unlicensed operation of a motor vehicle 3rd. She was accused of driving with a suspended license. A warrant was issued after she failed to appear in court. Patten was arraigned in City Court, where the case was settled.

Scott D. Murray, 38, is charged with criminal contempt. 2nd. Murray is accused of violating an order of protection on Jan. 31 by making contact with a protected party while at the Genesee County Courthouse. He was arraigned in City Court and jailed.

Jeanna M. Hattaway, 37, of Batavia, was arrested on Jan. 30 on a warrant issued by City Court. Hattaway was initially charged on Dec. 13 with criminal possession of a controlled substance 7th in connection to an incident reported in April, 2023. A warrant was issued after Hattaway failed to appear in court. Hattaway was arraigned in City Court and released under supervision.

Adrienne S. Bechtold, 28, of Batavia is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd. Bechtold was allegedly found in possession of narcotics and drug paraphernalia after police responded to a report on Jan. 27 of a suspicious vehicle on East Main Street, Batavia. She was issued an appearance ticket.

John A. Cabrera, Sr., 56, of Batavia, is charged with petit larceny. Cabrera is accused of stealing merchandise from Kwik Fill on Jackson Street, Batavia, on Jan. 26. He was issued an appearance ticket.

James W. Zurek, 20, of Batavia, was arrested on Jan. 29 on two warrants. The first warrant stems from an incident in August 2022 when Zurek was charged with strangulation 2nd, assault 3rd, and petit larceny after a disturbance on Cedar Street. The second warrant charged Zurek with bail jumping 3rd. He was arraigned in City Court and released under supervision.

Andrew William Taylor, 36, of West Main Street, Batavia, is charged with petit larceny. Taylor is accused of stealing $39.97 worth of merchandise from Walmart at 1:07 p.m. on Feb. 2. Taylor was released on an appearance ticket.

Richard Wayne Rumble Jr., 39, of Scribner Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 1st, unlicensed operator, and drinking alcohol in a motor vehicle. At 12:27 a.m. on Jan. 16, a caller reported a vehicle swerving into oncoming traffic on Route 5 in Pembroke. The caller followed the vehicle to Crosby's in East Pembroke and stayed on scene until Deputy Carlos Ortiz Speed and Deputy Ryan Mullen arrived.  The deputies reportedly found a driver asleep behind the wheel of the pickup truck. Rumble was released on appearance tickets.

Philip Stewart Mayberry, 52, of South Geddes Street, Syracuse, is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd.  Mayberry was arrested following an investigation into an incident at 8250 Park Road, Batavia, at 11:47 a.m. on Jan. 22. Mayberry was released on an appearance ticket. Also charged, Shandell Marie Lissow, 35, of Allen Road, Albion.

Ashton Lea Mohney, 33, of Ross Street, Batavia, is charged with promoting dangerous contraband in prison 1st. Mohney was arrested in connection with an incident reported a 8:15 a.m. on Feb. 5.  The incident was investigated by Deputy James Stack. Mohney was arraigned in City Court and ordered held. No further details were released.

Jacob William Patterson, 28, of East Main Street, Batavia, is charged with criminal possession of controlled substance 7th and criminal use of drug paraphernalia 2nd. Patterson was arrested during a check-the-welfare call at a hotel on Park Road at 11:30 p.m. on Feb. 6. He was held pending arraignment.

Jacob William Patterson, 28, of East Main Street Road, Batavia, is charged with introducing prison contraband 1st. Patterson was arrested in connection with an incident at the Best Western Hotel in Batavia and transported to the Genesee County Jail. He is accused of bringing dangerous prison contraband into the jail. He was held pending arraignment.

Mary Ann Virgilio, 48, of State Street Road, Batavia, is charged with criminal tampering 3rd. Virgilio is accused of entering a residence on State Street Road, Batavia, at 4 p.m. on Feb. 1, and then denying the resident of the property access to the home by locking an internal screen door. Virgilio was issued an appearance ticket.

Austin Chase Durham, 28, of Dewey Avenue, Batavia, is charged with aggravated harassment 2nd. Durham is accused of repeatedly sending text messages on Feb. 6 to another person with the "intent to harass, annoy, or alarm, with no legitimate communication," after being warned by a police officer to cease communication with the person. Durham was ordered held pending arraignment.

Thomas Matthew Gang, 43, of Alleghany Road, Alabama, is charged with DWI and driving with a BAC of .18 or greater.  Gang was stopped at 5:03 p.m. on Feb. 5 on Roberts Road, Alabama by Deputy Nicholas Chamoun. He was issued an appearance ticket.

Kristan Rae Aquino, 40, of Maple Street, Batavia, is charged with criminal mischief 4th. Aquino is accused of intentionally damaging a bed inside the Genesee County Jail at 4:46 a.m. on Dec. 3. Aquino was arrested on Feb. 6 and issued an appearance ticket.

Jeanna Marie Hathaway, 37, of Liberty Street, Batavia, is charged with criminal possession of a controlled substance 7th and aggravated unlicensed operation 3rd. Hathaway was stopped at 1:20 p.m. on Feb. 9 on South Main Street, Elba, by Deputy Jacob Kipler. She was allegedly found in possession of methamphetamine. Hathaway was processed at the Genesee County Jail and released on an appearance ticket.

Jeanna Marie Hathaway, 37, of Bank Street, Batavia, is charged with petit larceny. Hathaway is accused of stealing merchandise from Ulta Beauty at 3 p.m. on Jan. 30. She was released on an appearance ticket.

Stephanie Marie Hockenberry, 36, of Thomas Avenue, Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation 3rd, driving on a suspended registration, and no motor vehicle insurance. Hockenberry was stopped at 8:07 p.m. on Feb. 9, on Route 33, Stafford, by Deputy Jacob Kipler. Hockenberry was issued an appearance ticket.

Luis Alexis Harloff, 41, of Oak Orchard Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, and unlicensed driver. Harloff was stopped at 2:30 a.m. on Feb. 10 in the parking lot of a location on South Main Street, Elba, by Deputy Jacob Kipler.

Rob Arthur Shuttleworth, 66, of Scotland Road, Akron, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operator 2nd, driving without an interlock device, and driving left of pavement markings. Shuttleworth was stopped at 2:13 am. on Feb. 10 on North Lake Road, Pembroke, by Sgt. Mathew Clor.

Janell Marie Sauer, 48, of Summit Street, Batavia, is charged with criminal possession of a controlled substance 7th. Sauer was charged following a traffic stop at 2:13 a.m. on Feb. 10 on North Lake Road, Pembroke, by Sgt. Mathew Clor. Sauer was a passenger in the vehicle.

Richard James Burdick, 46, of Coward Road, Byron, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation of a motor vehicle 3rd, unlicensed operation, and failure to keep light. Burdick was stopped at 6:20 p.m. on Feb. 12 on West Main Street, Batavia, by Deputy Mason Schultz. Burdick was released on an appearance ticket.

Lisa Marie Fox, 52, of Crimson Heights, Albion, is charged with criminal possession of a controlled substance 7th and facilitating aggravated operation 3rd. Fox was allegedly in possession of narcotics while a passenger in a vehicle stopped at 6:20 p.m. on Feb. 12. She is accused of knowing the driver was driving on a suspended license. She was released on an appearance ticket.

Amy Susan Goodenow, 43, of East Road, Batavia, is charged with petit larceny. Goodenow is accused of stealing a person's car keys and refusing to return them in an incident reported at 12:22 a.m. on Jan. 20. She was issued an appearance ticket.

Christine M. Caplis, 43, of West Main Street Road, Batavia, is charged with criminal possession of a controlled substance 7th. Caplis was arrested on Feb. 13 in connection with an alleged possession of a controlled substance on April 18 during a traffic stop in Corfu. She was arrested after police investigated a disturbance on Dellinger Avenue, Batavia. She was issued an appearance ticket.

Erich Douglas Hildebrant, 45, of Batavia Bethany Townline Road, Batavia, is charged with endangering the welfare of a child.  Hildebrant was charged after an incident reported at 9:20 a.m. on Feb. 2. He is accused of holding a firearm in his hands while making statements and conducting himself in a manner that was detrimental to three children in his presence at the time.

Batavia PD is seeking the public's assistance in identifying a person of interest in relation to a theft investigation.

The police did not release details on the alleged crime -- its location or what may have been stolen. The police did not say whether the photo above directly corresponds to the incident under investigation.

Anybody with information that could help police identify the person in the photo are asked to contact Sgt. Christopher Lindsey at 585-345-6365.

The police department also accepts tips through an online form.

A raid on a residence at 36 Dellinger Ave., Batavia, on Friday morning led to the arrest of three people on drug-related charges, according to the Sheriff's Office.

The raid was the result of a warrant issued following an investigation by the Local Drug Task Force.

The Emergency Response Team assisted in the apprehension of the suspects, leading to Dellinger being closed to civilian access for about 45 minutes on Friday.

Taken into custody were Pierre Mahon "GameChanger" Humphrey, 33, of Trentall Street, Rochester, Malinda June Falk, 42, of Dellinger Avenue, Batavia, and Matthew J. Reed, 39, of Ellicott Street, Batavia.

All three are charged with two counts of criminal possession of a controlled substance in the third degree (with intent to sell), a Class B felony, Criminal Possession of a controlled substance in the third degree (in excess of one-half ounce), a Class B felony, and criminal use of drug paraphernalia in the second degree, a Class A misdemeanor.

The three suspects were arraigned in City Court. Humphrey was ordered held without bail. Falk and Reed were released under supervision.

Assisting in the investigation and arrest were the Sheriff's Office, Batavia PD, City Fire, and the District Attorney's Office.

A 40-year-old Rochester resident is accused of committing a late-morning burglary at a residence in the Town of Elba on July 7.

Omar Cabrera is charged with burglary in the second degree, a Class C felony, three counts of burglary in the third degree, a Class D felony, criminal mischief in the third degree, a Class E felony, and petit larceny, a Class A misdemeanor.

At 11:47 a.m. on July 7, the Sheriff's Office received a report of a burglary at a residence and a detached building on the property. Deputy Jermey McClellan responded and conducted the initial investigation.  Investigators Ryan DeLong and Howard Carlson then responded, collecting photographs and physical evidence. 

Cabrera was identified as the suspect during the course of the investigation. 

He is accused of entering the residence unlawfully and in the process, causing property damage in excess of $250 in value.  He is accused of stealing copper fittings. He is accused of entering the detached building with the intent of committing a crime once inside.

On Jan. 31, Cabrera was located in Rochester with the assistance of the U.S. Marshal's Task Force, and transported to Genesee County and held pending arraignment.  Once arraigned, he was ordered held on $10,000 cash bail, $20,000 bond, or $40,000 partially secured bond.

Kaila S. Smith, 27, of Batavia, is charged with filing a false written statement and falsely reporting an incident. Smith is accused of falsely reporting a sexual assault on Jan. 5. She was arrested on Jan. 13 and issued an appearance ticket.

Michael A. Sweet, 37, of Batavia, is charged with grand larceny 4th. Sweet is accused of taking payment to complete renovations on a residence in Batavia and then never completing the work. He was issued an appearance ticket.

Maverick X. Cook, 18, and Patrick J. Peters, 18, both of Batavia, are charged with open burning. Cook and Peters are accused of starting several fires on sidewalks and parking lots in the area of Ellicott Street and Liberty Street, Batavia, in December. Both were issued appearance tickets.

Darrell Laverne McFadden, 53, of Clinton Street Road, Batavia, is charged with assault 2nd. McFadden is accused of causing serious physical injury during a fight at 12:30 p.m. on Jan. 19, at a location on Clinton Street Road. He was jailed pending arraignment.

Jessica B. Eschenlauer, 34, of Batavia, is charged with burglary 2nd, criminal contempt 2nd, and aggravated family offense. Eschenlauer is accused of being inside a residence in violation of an order of protection. She was arraigned and released.

Roger M. Hofmeier, 22, of Batavia, is charged with criminal possession of a weapon 3rd. In July 2022, Hofmeir was allegedly found in illegal possession of a firearm. He was arrested on Jan. 11, arraigned in City Court, and released under supervision.

Nikkia M. Blackshear, 26, of Batavia, is charged with trespassing. Blackshear is accused of refusing to leave 7-Eleven on Jan. 20. She was issued an appearance ticket.

Adrienne S. Bechtold, 28, of Batavia, is charged with criminal possession of a controlled substance 7th and criminal use of drug paraphernalia 2nd. Bechtold was charged following a traffic stop on Jan. 18 on Ross Street, Batavia. She was allegedly found in possession of narcotics and a scale. She was issued an appearance ticket.

Vincent J. Disalvo, 48, of Webster, is charged with harassment 2nd and trespassing. Disalvo is accused of kicking another person during a fight in the 7-Eleven Parking lot. He then allegedly entered the store after being told he wasn't allowed in the store. He was issued an appearance ticket.

Anthony A. Bomasuto, 29, of Batavia, is charged with criminal obstruction of breathing. Bomasuto is accused of being involved in an incident on Jan. 15 on Ellicott Street, Batavia. He was arraigned and released.

Trace G. Brewer, 23, of Batavia, was arrested on a warrant. Brewer was wanted on charges of petit larceny and conspiracy 6h.  She was allegedly involved in a theft with another person of merchandise from 7-Eleven. She was arraigned and released.

Lorrie Beth Fischer, 45, of Park Road, Batavia, is charged with misapplication of property. Fischer is accused of possessing another person's property on Dec. 29 and, rather than returning it, selling it. She was arrested by Deputy Mason Schultz on Jan. 22. She was issued an appearance ticket.

Nicole K. Dell, 38, of Silver Springs, was arrested on a warrant on Jan. 25. Dell was initially arrested on May 23, 2022, and charged with DWI. The warrant was issued after she allegedly failed to appear in court. Dell was arraigned and released. 

Jacob J. Frayne, 26, of Darien, is charged with aggravated DWI and aggravated unlicensed operation. Frayne was charged following a traffic stop on Jan. 26 on Pearl Street, Batavia. He was issued an appearance ticket.

Takari G. Lang-Smith, 22, of Batavia, is charged with DWI. Lang-Smith was stopped on Jan. 28 at an undisclosed location by Batavia PD. He was issued tickets and released.

Richard M. Fuhry, 42, of Brockport, is charged with DWI. On Jan. 20, Batavia patrol offices were dispatched to North Park and Ross Street for a report of a fight in the street. Fuhry was accused of being involved in the fight and then located driving on Seneca Avenue. He was issued several tickets.

Brian J. Hawkins, 44, of Olean, was arrested on Jan. 22 on two warrants issued by City Court. The first was a bench warrant related to an incident in 2019 where he allegedly provided alcohol to a person under the age of 21. The second warrant was an arrest warrant for Bail Jumping 3rd. Hawkins was arraigned and released.

Tanika N. Avant, 22, of Batavia, was arrested on Jan. 22 on a warrant issued by City Court. The warrant stemmed from an incident in April of 2023 where she was charged with two counts of harassment 2nd and one count of endangering the welfare of a child after a disturbance call on Bank Street. Avant was arraigned in City Court and remanded to the Genesee County Jail. 

Johnny Burton Koonce, Jr., 33, of Federal Drive, Batavia, is charged with criminal contempt 1st, aggravated unlicensed operation 3rd, and failure to stop at a stop sign.  Koonce was stopped at 1:53 a.m. Jan. 20 by Sgt. Mathew Clor.  The passenger in the vehicle was somebody Koonce was allegedly supposed to not contact by court order. He was held pending arraignment.

Shanaya Nichole Brooks, 22, of Route 438, Gowanda, is charged with criminal mischief 3rd. Brooks is accused of striking the side of a house on Jan. 19 on East Road, Batavia, causing damage. She is also accused of trying to force her way into the house, causing damage. She was held pending arraignment.

Samantha Rae Balduf, 31, of Grant Street, Depew, is charged with petit larceny.  Balduf is accused of switching the price tag on a piece of merchandise at a retail store on Veterans Memorial Drive (the name and location of the store was withheld by the Sheriff's Office) at 1:03 p.m. on Jan. 19. She was issued an appearance ticket.

Isaac Floyd, Jr., 59, of State Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and illegal signal. Floyd was stopped at 12:07 a.m. on Jan. 24 on West Main Street Road, Batavia, by Deputy Jacob Kipler. Floyd was released on tickets.

Joel David Proudy, 37, of Rochester Street, Bergen, is charged with criminal contempt 1st. Proudy is accused of violating a full stay-away order of protection at 10:50 a.m. on Jan. 17 at a location on West Main Street, Batavia. He also had multiple outstanding warrants. He was held pending arraignment.

Joseph Peter Mancuso, 35, of Deerfield Drive, North Tonawanda, is charged with criminal contempt 1st. Mancuso is charged with violating a stay-away order of protection at 5:30 p.m. on Jan. 20 at a location on Roberts Road, Alabama. He was arraigned and released under supervision.

Steven James Dunham, 35, of Main Street, Corfu, is charged with failure to verify address within 90 days as a Level 3 sex offender. Dunham was arrested in January and held for arraignment.

Steven Kenneth Maskell, 31, of North Byron Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and driving while using a portable electronic device. Maskell was stopped at 11:30 p.m. on Jan. 21 on Lockport Road, Oakfield, by Deputy Morgan Ewert. He was issued an appearance ticket.

Robert Paul Gerspach, 67, no specified address, Buffalo, is charged with driving while impaired by drugs, aggravated unlicensed operation, driver's view obstructed, failure to keep right, and moving from lane unsafely.  Gerspach was observed by an off-duty deputy driving in an alleged unsafe manner at 11:22 a.m. on Jan. 24.  He was stopped and arrested by Deputy Austin Heberlein. He was released on an appearance ticket.

Guillermo Guadalupe-Vasques, 44, of Crimson Drive, Canandaigua, is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation, and moving from lane unsafely. Guadalupe-Vasques was stopped at 8:44 p.m. on Jan. 24 on West Main Street Road, Batavia, by Stephen Smith. He was processed at the Genesee County Jail and released.

Mckenzie Leigh Stogsdill, 32, of East Main Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, no headlights, and no tail lamps. Stogsdill was stopped at 1:44 a.m. on Jan. 27 on Park Road, Batavia, by Sgt. Mathew Clor. Stogsdill was released on appearance tickets.

Jessica R. Parker-Sharkey, 30, of South Butler Road, Savanah, is charged with criminal possession of stolen property 4th and criminal possession of a controlled substance 7th. Parker-Sharkey was arrested in Virginia Beach, Va., and extricated back to Genesee County. She was arraigned in Town of Batavia Court and released. The charges stem from allegations in April 2023 that she was in possession of a stolen car and a controlled substance. Following her release, she was turned over to Rochester PD on warrants.

Michael Curtis Smith Jr., 31, of Batavia, is charged with petit larceny. Smith is accused of stealing an electric scooter from Walmart at 5:30 p.m. on Jan. 24. He was processed at the Genesee County Jail and released on an appearance ticket.

Joseph Michael Petix, 66, of Shorecliff Drive, Rochester, is charged with DWI, criminal possession of a controlled substance 7th, stop sign violation, breath test refusal, and consumption of alcohol while driving. Petix was stopped at 9:53 p.m. on Jan. 28 on Clinton Street, Batavia, by Deputy Travis DeMuth.  He was allegedly found in possession of cocaine. His release status was not reported.

The Emergency Response Team was deployed on Dellinger Avenue early this morning to assist Batavia PD with the execution of a warrant, Police Chief Shawn Heubusch said.

The police department announced at 7:15 that Dellinger was closed to public access.  The street was reopened at about 7:50 a.m.

Heubusch said there were no difficulties during the operation, and there were no injuries.  He said more information will be released later today.

A larceny was reported at Ulta Beauty with three subjects running from the store on foot toward the ESL Credit Union, where they apparently got into a silver SUV and fled the scene.

The stores are in Batavia Towne Center on Veterans Memorial Drive.

Law enforcement units are converging on the area.

Responding units have gone to secure communications, so there aren't likely to be further updates on the search or pursuit.