BUFFALO, N.Y. -- The college student who was arrested during a Bills game -- in an incident caught on a deputy's body camera- has officially filed a Notice of Claim against the deputies involved, the Erie County Sheriff's Office and Erie County.
Nicholas Belsito, against whom all charges were dropped, accuses Deputy Kennth Achtyl of "deprivation of the rights and privileges secured and protected by the Constitution and laws of the United States."
In the video, Belsito is heard asking the deputy where his friend - who had been arrested in an unrelated incident - would be taken. Achtyl asks Belsito, "You want to go to jail with him?" After a quick back-and-forth, Achtyl says, "beat it," and Belsito responds with a profanity as he walks away. The deputy then charges at Belsito.
The two are then out of the frame of the body camera worn by Achtyl’s partner for about 18 seconds, before the deputy is seen trying to handcuff Belsito.
Prosecutors dropped charges of resisting arrest, among others. Belsito’s attorney – in the notice of claim – says the two deputies “did assault and wrongfully arrest (Belsito)… causing serious and permanent injuries…”
The County will be able to question Belsito, and then after a 30-day period, his attorney will be able to file a lawsuit.
2 On Your Side sat down exclusively with two lawyers handling this case for Belsito. You’ll hear from them as we go in-depth in this case in a 2 On Your Side Original report Thursday at 6 p.m.