Michael J. Elmore, 33, and Lyndsey J. Wilcox, 39, both of Batavia, NY, appeared in Genesee County Court before Judge Donald G. O’Geen on Wednesday morning. The pair appeared with counsel to argue motions.
Elmore appeared with Assigned Counsel Joseph Lobosco who made a motion to dismiss grand jury testimony that he says was rife with leading questions that tainted the grand jury process. He asked the Judge to look into the instructions, and specifically the cause of death.
District Attorney Kevin Finnell argued that the questions did not taint the process and were there to lead them while viewing video portions.
Lobosco also argued that the body camera footage submitted was not specific as to what statements are being referred to as far has his client. “It’s like asking us to look for a needle in a haystack,” Lobosco told the court.
Judge O’Geen explained that it could be too early in the process to know what statements will be used.
Lobosco did acknowledge that he received all the body camera video when asked by Judge O’Geen, but did not know the exact date he received it. District Attorney Kevin Finnell says the video was turned over to the defense before arraignment.
Elmore and Wilcox pleaded not guilty during arraignment on May 20, 2024 in the line of duty death of Genesee County Sheriff’s Deputy Sergeant Thomas Sanfratello on March 10, 2024 at Batavia Downs.
Elmore is charged with Aggravated Manslaughter 1st degree/intent to cause injury, a class B felony, Aggravated Criminal Negligent Homicide, a class C felony, Assault 1st degree, a class B felony, Burglary 2nd degree, use of a dangerous instrument, a class C felony, Burglary 2nd degree/causing physical injury, a class C felony, Assault 2nd degree a class D felony, and Obstructing Governmental Administration 2nd degree a class A misdemeanor.
He is currently in custody on $100,000 cash and $500,000 partially secured bond and $200,000 bail bond.
Wilcox appeared with retained attorney Daniel J. Dubois and John LaDuca, she pleaded not guilty to Burglary 2nd degree/causing physical injury, a class C felony, Assault 2nd degree, a class D felony, Obstructing Governmental Administration, a class A misdemeanor, and Resisting Arrest, a class a misdemeanor.
Attorneys for Wilcox argue that their client should not be facing felony counts of Burglary and Assault in 2nd degree. They argue their client was handcuffed at all times during the incident; while being escorted out she was willing to leave and had no intentions to commit a crime.
LaDuca told Judge O’Geen that his client should be facing a harassment charge as opposed to a felony assault charge. District Attorney Finnell told the court that harassment charges are between two civilians and that Wilcox actions inhibited and prevented an officer from their lawful duty. He told the court that Wilcox was the first person to get physical with Sgt. Sanfratello.
“The video is very clear, preventing Sanfratello from doing his duty,” says Finnell. Finnell also says that Wilcox pulled away and struck him immediately. According to Attorney Daniel Dubois, Wilcox pushed Sgt. Sanfratello’s hand away, a brush of the hand, then she is down on the ground and handcuffed.
“Our argument is the facts here could support some other charge, but not these felonies (burglary and assault 2nd degree). Our client may have harassed but did not assault Sgt. Sanfratello and as the video will likely show, she’s on the ground in handcuffs before any interaction with Sgt. Sanfratello and Mr. Elmore,” says LaDuca.
Wilcox is currently in custody on $20,000 cash bail, $100,000 partially secured bond and $50,000 bail bond.
District Attorney Keven Finnell says the grand jury also viewed casino surveillance footage from different angles, which does not contain audio. Sgt. Sanfratello was not wearing a body worn camera during the incident according to Finnell.
Judge O’Geen reserved his decision in both cases. The next court appearance will be a hearing on August 23rd at 9:30a.m.
Pingback: Judge to reserve decision in Huntley Hearings for Elmore and Wilcox in Genesee County Court – Video News Service