ORCHARD PARK, N.Y. — Thursday was the fourth and final day of testimony in the jury trial of an Erie County Sheriff's deputy charged with assaulting a man in the parking lot at a Buffalo Bills game back in 2017.
Thursday morning, jurors heard from two defense witnesses, an undercover sheriff's deputy and a sergeant who were present when Nicholas Belsito was arrested.
Testimony is now complete. Closing arguments will take place Friday morning before the judge charges the jury and deliberations get underway.
Wednesday was the third day of trial for Deputy Kenneth Achtyl, whose partner, James Flowers, took the stand.
Achtyl is accused of assaulting a Bills fan during a 2017 tailgate. With Flowers on the stand, the defense spent a few hours looking at Flowers' body camera footage from the December 3, 2017 arrest.
Nicholas Belsito approached Flowers and Achtyl’s police car after the arrest of his friend. He asked where police would be taking the friend. Following a brief exchange, Belsito walked away swearing.
Then Achtyl began to get out of the car to arrest Belsito. Flowers told the court he said “Nah-ah-ah” to Achtyl at that point and that he didn’t want to deal with Belsito.
Achtyl is on trial for the alleged choking and striking of Belsito with his nightstick after exiting the vehicle.
When the prosecution cross-examined, the focus turned to the sheriff’s code of conduct, which emphasizes deputies’ duty to serve the public.
Flowers testified that he is not comfortable speaking about any part of the code of conduct.
“I do not recall reading it,” Flowers said, adding that he’s not sure if he has read it in the 12 years since he became a sheriff's deputy.
The prosecution also focused on the charges filed against Belsito. The charges were dropped after body camera footage was reviewed the day after the arrest.
Flowers stated that he only signed the statements of charges against Belsito. Flowers also stated that he did not realize until a week later when watching body camera footage that Belsito had interfered with his friend’s arrest.
The prosecution further questioned Flowers on Belsito’s charge of disorderly conduct, which was made in relation to his swearing. The prosecution argued a charge of disorderly conduct relates to obscenity with intent, and Flowers testified that swearing on its own is not illegal.
2 On Your Side previously reported that the New York State Supreme Court has stated before that swearing at a police officer is not a crime in itself.
Robert Hugus of Plattsburgh, N.Y., also testified as an expert witness in defensive tactics. Hugus is a retired police officer of 28 years and current defensive tactics trainer through the Department of Criminal Justice Services in Albany. He is certified as a Monadonck Baton Master Trainer.
Hugus testified that after looking over the evidence, he believes that Achtyl’s use of baton was in line with his training and within guidelines for use. Hugus also testified that Belsito resisted Achtyl and that Belsito showed signs that he may fight.
The defense showed a slow-motion “live” photo taken by Alexander Buzak as Hugus analyzed the situation.