ORCHARD PARK, N.Y. — The Erie County Sheriff's deputy accused of roughing up a Buffalo Bills fan in 2017 went to trial on Monday.
Nicholas Belsito testified in the Orchard Park Town Court that deputy Kenneth Achtyl used his nightstick to choke Belsito and then strike him in the face, causing him to black out. A cellphone video shows Achtyl engaged in a struggle with Belsito in the bus and limo lot at New Era Field.
Achtyl's encounter with Belsito occurred after one of Belsito's friends was arrested for throwing a beer can at a deputy. Belsito approached the patrol car to find out where his friend was being taken. After Achytl gave the address of the Erie County Sheriff's Office, Belsito cursed at Achtyl who then exited the patrol car and went after Belsito.
Belsito, a University at Buffalo student, told the court he wasn’t told what he was arrested for.
The jury was shown a series of pictures of that were rapidly taken by a witness. The pictures not only show the struggle between Achtyl and Belsito, but also Achtyl using his right fist, while holding a nightstick, striking Belsito in the nose, causing him to bleed. Achtyl's defense attorney said in opening statements that contact with Belsito's face came as a result of Belsito resisting, but the pictures show Belsito's hands at his side.
A medical report presented to the court says Belsito suffered a concussion and a nasal fracture from the incident. Belsito was arrested for disorderly conduct, among other charges, but those were later dropped.
Achtyl remains on administrative leave.
The jury is expected to have this case either Thursday or Friday.