ORCHARD PARK, N.Y. — Tuesday was the second day of testimony in the trial of Kenneth Achtyl. Achtyl is the Erie County Sheriff's deputy accused of assaulting a Buffalo Bills fan at a tailgate in 2017.
Most of the day was spent by the defense team cross examining Nicholas Belsito, the man accusing Achtyl of using his baton to choke and then strike Belsito in the face, causing him to black out.
The defense went through clip after clip of deputy body-cam video, cellphone video and still pictures, in an effort to show Achtyl's actions were justified and Belsito's injuries were a result of his resisting arrest.
As we've reported before, this confrontation took place in the bus and limo lot at New Era Field 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, a University at Buffalo student.
The defense pointed out in body cam video — that prior to exiting the car — Achtyl warned Belsito not to fight with the officers. The defense said Belsito is taller than the deputy, and at one point Belsito raised one hand holding Achtyl's arm, the arm holding a baton to Belsito's throat.
The defense asked Belsito "how much force" he used to "push" Achtyl's baton hand away from his throat, saying the deputy was thrown off balance. The prosecution took over questioning for a brief period before they called another witness to the stand.
A woman who was at the tailgate told jurors that when Achtyl went after Belsito the deputy did not issue a warning, such as ordering him to stop, telling him to put his hands up, or get down on the ground, prior to confrontation.
Testimony in this case resumes on Wednesday.
2 On Your Side was told that this case will be handed over to the jury for deliberations either Thursday or Friday.