BUFFALO, N.Y. — We're now hearing from Erie County District Attorney John Flynn about that violent altercation a sheriff's deputy had with a Bills fan back in 2017.
Deputy Kenneth Achtyl was charged Thursday with assault, among other charges.
The DA says video shows this deputy crossed the line.
"In this case right here, this officer crossed that bar, he crossed the line, he went over the bar and I got to do the right thing here and punish him for it," said Erie County DA John Flynn.
In December 2017, Achtyl and his partner arrested and charged UB student, Nicholas Belsito, during a Bills game.
Belsito came in contact with the officers moments prior, after his friend was arrested for throwing a beer can at an officer.
This is the transcript verbatim:
Belsito: "I'm sorry, I'm just wondering where you guys are going so I'm gonna meet my friend there and just like..."
Deputy Achtyl: "Who's your friend?"
Belsito: "The kid in the back."
Deputy Achtyl: "Okay, well, you want to go to jail with him?"
Belsito: "No." Deputy Achtyl: "Then beat it."
Belsito: "No."
Deputy Achtyl: "I'm going to jail."
Belsito: "Can you tell me the location?"
Deputy Achtyl: "10 Delaware. Beat it."
Belsito: "No, what do you mean? Like, tell me the location."
Deputy Achtyl: "10 Delaware."
Belsito: " I know."
Deputy Achtyl: "Beat it."
Belsito then swears at Achtyl, which is not a crime.
The district attorney's office says its received cell phone video showing Achtyl striking Belsito in the face with his nightstick.
"It was not called for," Flynn said.
Belsito was charged with disorderly conduct, resisting arrest, and criminal mischief -- the charges were eventually dropped. Belsito says through his attorney, Aaron Glazer, that he suffered a concussion and still deals with post-traumatic stress and nightmares.
Deputy Achtyl's defense attorney says there's more to the story.
"You have to review all of the footage, you have to go back to the beginning you have to go back to when the beer cans were being thrown at law enforcement, you have to go back to when this gentleman was interfering with another arrest, you have to go back to when this gentleman was told to leave several times and didn't," said defense attorney Rodney Personius.
On Thursday, Achtyl pleaded not guilty to four misdemeanor charges including assault.
He's suspended without pay from the department.
Belsito has filed a civil lawsuit against the officers, the sheriff's office and the county, claiming he still suffers from his injuries and deals with post-traumatic stress. If convicted, Flynn says Achtyl could do a year behind bars.
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