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Case against Erie County sheriff's deputy nearly in hands of jury

Closing arguments and jury deliberations are scheduled for Friday.

ORCHARD PARK, N.Y. — The defense has rested its case in the Kenneth Achtyl trial. 

He's the Erie County sheriff's deputy accused of assault, official misconduct and falsifying records in relation to the arrest of a Bills fan nearly two years ago.

The prosecution rested its case early this week, which means closing arguments are scheduled for Friday morning, with the jury then beginning deliberations in Orchard Park town court.

On Thursday, the defense continued to present its case, calling to the stand, an undercover sheriff's deputy and a sheriff's sergeant who were present for the arrest of Nicholas Belsito, the University at Buffalo student who got into an altercation with Achtyl. 

Both deputies said that Belsito interfered with the arrest of his friend, Dillon Lowery, by sticking his arm toward a deputy and trying to delay the arrest of Lowery. Body cam video also shows that Belsito was telling the deputies to wait in arresting his friend.

"We don't know if he had a weapon, we don't know if he wants to do harm to law enforcement," said Sergeant Timothy Dusza of the Erie County Sheriff's Office. 

The defense also called Christopher Puckett, an accident reconstruction expert who was able to determine that Achtyl and Belsito traveled 4-6 miles per hour into Achtyl's patrol car, causing a large dent. Puckett compared the speed to a fast walk or a slow jog. 

Closing arguments are scheduled for Friday morning, with jury deliberations to follow. Six jurors will decide Achtyl's fate.

The Erie County District Attorney's Office says that Achtyl could face a maximum of one year behind bars if convicted. 

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