Orchard Park, NY (WBEN) After being convicted in September of reckless assault in the attack of a Bills fan, former Erie County Sheriff's Deputy Kenneth Achtyl will be sentenced Thursday.
Nicholas Belsito was arrested by Achtyl at a Bills tailgate after he swore at the officer over an interaction of where his arrested friend, Dylan Lowry, was being taken to. After Belsito was told to "beat it" multiple times, he walked away from the patrol car with Achtyl and Deputy James Flowers and swore at the police in the process. Attorneys on both sides said this was the straw that broke the camel's back.
It is not illegal to swear at a police officer.
Erie County DA John Flynn said at the time he had mixed feelings about the verdict. "I need to maintain good order and discipline as the chief law enforcement officer in Erie County. To do that, I need to prosecute anyone who commits a crime, anyone. If it's a police officer, unfortunately, it's a teammate," says Flynn, who said he wasn't gloating about the verdict but was happy justice was served.
The sentencing is tonight in Orchard Park Town Court.