BUFFALO, N.Y. — UPDATE: The judge presiding this case dismissed the charges on December 16, 2022 after reviewing the Grand Jury minutes. The Erie County District Attorney's office says they plan to file a notice of appeal.
A West Seneca man posted $10,000 bail after he pleaded not guilty to a charge involving the death of an elderly Marine.
Donald Lewinski, 65, was arraigned in Erie County Court Monday morning on one count of criminally negligent homicide. The charge stems from a September 2020 incident where Erie County District Attorney John Flynn said Lewinski and the victim, Rocco Sapienza, 80, got into an argument over Lewinski not wearing a facemask inside a Southwestern Boulevard bar in West Seneca.
The DA said the men also had words over other issues, including a girl, but it was the dispute over mask wearing that fueled the situation and that's when Lewinski allegedly shoved Sapienza.
Flynn says surveillance video shows Lewinski stand up and shove Sapienza with two hands. Sapienza fell to the ground and suffered a seizure. He was unresponsive and was taken to ECMC. He never regained consciousness and died four days later.
This case focuses on mask wearing and the DA says violence related to mask-wearing will not be tolerated.
Attorney Barry Covert represents Lewinski. He told the court his client was not the aggressor.
"The video tape and the sworn witness statements that were obtained by the police at the time this occurred makes it very clear that Mr. Sapienza was the aggressor at all times throughout the day," Covert said.
Lewinski has been ordered to stay out of establishments where alcohol is sold. If convicted he faces up to four years in prison.
He has no criminal history according to his attorney.