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Hard work, knowledge, dedication, kindness, and Hot Wheels: Sgt. Sanfratello remembered by those who worked with him

By Howard B. Owens

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

Former Sheriff Gary Maha:

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

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

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

Retired Chief Deputy Gordon Dibble:

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

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

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

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

Chief Deputy Joseph Graff:

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

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

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

Investigator Chad Minuto:

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

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

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

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

Dispatcher Jason Holman:

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

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

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

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

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

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

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

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

Investigator James Diehl:

Tom was a man who never grew up. This is the best way I can describe Tom Sanfratello. 

He loved collecting Hot Wheels cars and Legos. He got giddy like a kid on Christmas when new ones were going to be released or he found a rare Hot Wheels car.  He had knowledge about the different types of cars, which ones were special, what codes meant what, and what cars he had that were overly impressive. Tom kept a bucket of Hot Wheels cars in a drawer in his office and would always tell people to take some for their kids or to hand out. 

I’ll remember the fantasy football leagues that he organized and the drafts he would have at his house.  

My kids and I will always remember the Easter Egg hunts that “Mr. Tom” put on at his house. Tom and I would discuss him prepping for the event, filling 1,000 eggs weeks before the event with candy, Lego figurines, and hot wheel cars, all the things he loved. When I arrived on the day of the event to help put eggs out, it would be three hours before, and he came out of the house with box after box after box of plastic eggs totaling somewhere in the 4 to 5 thousands.

At the same event, he would hide golden eggs with money or a ticket for a large Oliver’s candy chocolate Easter bunny. Tom did all this without asking for a dime. 

In recent years, many of us who attended had to tell him to accept money towards it, but he would still rarely look for help. During the event, he would walk around with his daughter Lexi, watching her and all the other kids run and gather so many eggs they wouldn’t be able to carry the bag they brought with them, and he would smile and take it all in, seeing what kids got the cherished golden eggs. He would ask if the kids got enough, knowing full well that parents were carrying bags bigger than the kids. 

Tom got the same smile on his face during Shop with a Cop. He would help organize the event and liked to float through the store watching kids shop and maybe looking for a stray rare Hot Wheels car at the same time. But I feel like seeing the kids smile and the happiness that was brought towards the kids and families on that day, the good interactions deputies had with people, and the light conversations that developed is what he liked most. 

He brought this same love to talk to people, to joke, sarcastic banter, and kid-like fun to work as well. His office is a perfect display of his personality as it holds toys in every direction. There are multiple-sized Lego cars, Hot Wheels cars in display cases, and a wall of signed photos of Tom meeting actors, including Erik Estrada (Officer Frank Poncherello) and Larry Wilcox (Officer Jon Baker) from the TV Show CHIPS, Catherine Bach (Daisy Duke), WWE celebrities Brie and Nikki Bella, John Cena and Bryan Danielson, Candy Clark (Debby) from American Graffiti, Jim Kelly, and Brad Paisley along with so many others. Until recently, a Halloween skeleton dressed as a deputy would sit across from Tom in his office and scare half the people who walked into it.  Closest to his chair, along his desk, were photos of his kids, Ian, Kyla, and “Lexi.” 

As our many conversations would lead us to different topics, he talked about these kids often. He was proud of all of them, especially recently when Ian graduated from the Correctional Academy and was working at the Genesee County Jail. As conversations about kids usually go through the ups and downs of life and the “he/she should do this or that” moments, I remember Tom saying that, most importantly, he wanted them to “do what makes them happy.” I’ll miss our daily conversations, our banters, him telling me like a dad that I’m wrong and being unreasonable. We had many discussions, conversations, and arguments, and Tom could always understand where you were coming from, even if he didn’t agree. 

Retired Investigator Pete Welker:

Tommy and I went through the police academy together back in 1996. We were young and excited to become Sheriff’s deputies. Going through the academy and then field training (FTO) can be very stressful for recruits.  We helped each other along the way and ultimately made it through training.  We then served in different capacities alongside each other for 30 years at the Sheriff’s Office, as well as serving on the union board together for probably 20 of those years.  

Tommy was a very productive deputy (sergeant). Even in his latter years, Tommy would not only take a good amount of overtime, but he would be sure to get things done while working it.  If he took DWI overtime, he would often times make an arrest during that shift.  Tommy was a fixture at the Darien Lake concerts during the summer, supervised those details for years, and could somehow make chaos seem manageable.  He was in charge of the Civil Office, in charge of warrants, and tasked with final approval and merging of all reports.  

Tommy could be stern at times and was a stickler for making sure paperwork was complete, accurate, and on time. That said, however, as union president and even as a union rep before that, Tommy was the first one to stand up for the guys when labor-management issues arose.   

Tommy was very proud of all of his children and spoke of them often.  He and I would usually chat in his office a couple of times a week.  You don’t realize how much you talk to someone until they are no longer there to talk to.  In today’s society, the term “cop” has grown to mean so much more than just someone who makes arrests.  It takes a wide array of skills to maneuver your way through serving communities in today’s world.  Tommy had those skills and was a wealth of knowledge.  Tommy loved being a cop and truly wanted to help people in any way that he could.  We are all saddened by the loss of our friend and co-worker, Sgt. Thomas Sanfratello and it gives me some peace knowing that Tommy took his last breath on this earth doing what he loved and was sworn to do: protect and serve.   

Those that were effected and those that knew him professionally will miss Sergeant Sanfratello, the Deputy. We will miss the playful sarcasm, the laughter, his caring nature, our conversations, experienced wisdom, youthful spirit, partner, father, and friend. We will miss the man who never really grew up. 

Sergeant Tom Sanfratello was often the liaison between the Sheriff’s Office and many other agencies. I believe he loved the interactions, the communication, and, at times, even the chaos that went with the job as well. He loved to work at the Sheriff’s Office and especially at Darien Lake Concert events. It would be rare to work there without him, and he will be missed this year. He would take on so many additional duties and always answer when you needed advice or had questions. He always was there for anyone who needed him. 

Those who were affected and those who knew him professionally will miss Sgt. Sanfratello, the deputy. We will miss his playful sarcasm, laughter, caring nature, our conversations, experienced wisdom, youthful spirit, partner, father, and friend. We will miss the man who never really grew up. 

Retired Dispatcher Gary Diegelman:

I first met Tom when he came into communications in February 1992. He was always willing to learn and fast to learn. Tom always had a great attitude.  I remember him always smiling and laughing. He was very excited to have been hired as a deputy sheriff. He excelled as a road deputy, and after being promoted to sergeant, Tom never forgot where he started in communications.  Every day, he would stop in to say hi. If he needed help, he knew dispatchers were a good place to start.  This will leave a huge hole in the Sheriff's Office. It such a tragic end to a well-loved professional, coworker and  friend.

Retired Deputy Brian Thompson:

Tommy rose through the ranks with hard work and determination. As a patrol officer we got along well and worked on cases together. As a sergeant, he did an excellent job streamlining report-taking and was always available to help with a question or glitch in the systems incorporated over the years. I always appreciated his patience with me or assistance in getting reports done, in the database and recovered for court cases. Enjoyed a lot of laughs and tears with Tom over the years. Our prayers and deepest condolences are with family and friends.
 
Retired Deputy Chris Erion:

Two things stand out when I think of Tom.  He was a supervisor, and where he really excelled was his decisiveness.  He didn’t just sit on the sideline giving directives, keeping his uniform clean.  He followed through with his own directives and was willing to walk shoulder to shoulder with other members of law enforcement into any kind of hornet’s nest we may have encountered. I saw him do this on many occasions when it was called for.  When I learned about his final call at the Downs, it sounded just like Tom to make a decision, and go straight towards the problem to restore order.

The other thing that really pops out when I think of Tom is how he loved his children. This was so obvious.  If he were having a bad day or upset about some circumstance, that would all go away when he started to talk about some event, activity, or success of one of his children.  He was very proud of them!

Lest we forget his Hot Wheels collection – if you didn’t know the difference between a Matchbox and a Hot Wheels, Tom would quickly, thoroughly, and with great passion explain the difference.

Dispatcher Nate Fix:

Tom will be sorely missed. He was not only a born leader in this organization but someone I looked up to; I've been with Tommy since the late 90s at Darien Lake, now Six Flags, as the concert lieutenant. Personally, for the last 15 years, I've worked extremely closely with him. There are endless stories of the nights with Tommy and his leadership at Darien Lake and and how well he did. Tom will mostly be missed by me bedcaue of our 20-year relationship at Darien Lake concerts.

He was a very giving person, particularly started four years ago with his daughter's Easter egg hunt -- 4,000 Easter eggs, doing it all with his own money. He would put all the Easter eggs together with his daughter Alexei. 

Those are just small things that Tommy did. In the end, you look back, and you realize how generous he was. 

Not only will I miss him as a comrade here at the facility, but the town board in Alexander will also miss him. He worked great with the Alexander Fire Department.

It was a year this month that we also lost (Dispatcher) Andy Merkle. So that's also been playing on our minds a year later, we're kind of going through something similar with someone we work with and it's unexpected. 

Tom was a pillar of this organization. There are things that he did behind the scenes of this organization that we're going to have to figure out. I just wish he had the time and took the time to retire and enjoy his retirement and see it. But his long hard work doesn't go unnoticed in his years of service.

And I can't forget our daily talks as union presidents. He was DSA and I was GCSEA.

I hope the Sanfratello family finds comfort in knowing how many people truly love their brother, their uncle, and their father. 

GS-9 will never be forgotten.

Until we meet again, we'll always think of you. 

City Schools administrators will have decisions to make about teacher charged with resisting arrest

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fundraising campaign set up to assist family of Sgt. Sanfratello

By Howard B. Owens
gofundme sanfratello

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

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

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

To donate, click here.

Law enforcement leaders recall Sanfratello as 'incredible human being' while recounting events that led to his death

By Howard B. Owens
sheriff William Sheron
Sheriff William Sheron
Photo by Howard Owens.

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."

Chief Shawn Heubusch
Chief Shawn Heubusch
Photo by Howard Owens

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.

Ian Sanfratello
Ian Sanfratello
Photo by Howard Owens

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.

batavia pd qr code
QR Code for link to submission for for citizens to submit video and photos of incident at Batavia Downs.

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:

sanfratello press conference
Photo by Howard Owens
undersheriff brad mazur
Undersheriff Bradley Mazur, speaking.
Photo by Howard Owens
heubusch QR code
Chief Shawn Heubusch with QR code for citizens to submit video from incident.
Photo by Howard Owens
sanfratello patrol
Patrol control memorial for Sgt. Thomas Sanfratello.
Photo by Howard Owens

Man accused in death of Sheriff's sergeant tells friends and family, 'my life over'

By Howard B. Owens
Remote video URL
michael-j-elmore-town-of-batavia-court
Michael J. Elmore, accused of actions that lead to the death of Sgt. Thomas A. Sanfratello, who is being held in Monroe County Jail, arrives at the Town of Batavia Court on Tuesday afternoon.  The group of people on the hill are Elmore's friends and family members.
Photo by Howard Owens.

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:

social media elmore chains
Social media photo of Michael Elmore wearing gold chains. Court documents say Elmore attacked Sanfratello with "metal chains."  On Tuesday, Batavia PD clarified that the alleged objects used were "a thick piece of jewelry or necklace commonly worn around one's neck."
michael-j-elmore-town-of-batavia-court
Michael J. Elmore being escorted through a back door of the Town of Batavia Court by a deputy and Batavia police officer.
Photo by Howard Owens

Police seek public video of attack on Sgt. Sanfratello

By Press Release
batavia pd qr code

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. 

Clarification and Correction: 'thick piece of jewelry' allegedly used in attack on officer

By Howard B. Owens

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:

DA explains status of criminal charges against man allegedly involved in death of Sheriff's sergeant

By Howard B. Owens
michael j. elmore
Michael J. Elmore

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:

Court documents say Elmore used (necklace) to beat officer, placed him in a chokehold

By Howard B. Owens
michael j. elmore
Michael J. Elmore

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.

Lyndsey Jean Wilcox
Lyndsey Jean Wilcox

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:

Law and Order: Batavia man accused of assaulting police officer during traffic stop

By Howard B. Owens
aaron fix
Aaron Fix

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.

Batavia man charged with manslaughter in death of Sheriff's Office sergeant during confrontation at Batavia Downs

By Howard B. Owens
michael j. elmore
Michael J. Elmore

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
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.  

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

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

By Howard B. Owens
sgt. sanfratello
Social media photo of Sgt. Thomas A. Sanfratello

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
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.

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.

Law and Order: Rochester man accused of fleeing police while in possession of large quantity of narcotics

By Howard B. Owens
chad burgess
Chad Burgess

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_blackshear
Oraid Blackshear

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.

No appeal planned after DWI charge dismissed when DA's office didn't comply with discovery rules

By Howard B. Owens

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.

Law and Order: Batavia woman charged with DWI, resisting arrest following property damage accident

By Howard B. Owens

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.

Law and Order: Bliss man accused of attacking a cop in ER

By Howard B. Owens
Dylan Jordan
Dylan Jordan

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 looking to identify person of interest in thefts

By Howard B. Owens
larceny suspect
Submitted surveillance photo.

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.

Three people charged with drug dealing after Dellinger Avenue raid

By Howard B. Owens
gamechanger humphrey
Pierre Humphrey

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.

mug shot falk
Malinda Falk

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.

matthew reed
Matthew Reed

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.

Rochester man accused of burglarizing residence in Elba

By Howard B. Owens
omar cabrera
Omar Carera

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.

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