County denies responsibility for deputy's assault on bloodied Bills fan

Faced with a jury verdict that found a sheriff's deputy guilty of reckless assault, Erie County continues to distance itself from responsibility for the incident.

For months, the county sought to dismiss allegations brought by Buffalo Bills fan Nicholas H. Belsito in a civil lawsuit and argued that it is not liable for what then-deputy Kenneth P. Achtyl did on that Sunday in December of 2017.

Achtyl, a 19-year veteran of the department, was convicted of assaulting Belsito with his police baton during a confrontation at New Era Field. The jury also found him guilty of official misconduct for taking Belsito to the Erie County Holding Center and denying him his freedom.

Earlier this week, the federal judge overseeing Belsito's suit dismissed his claims against the county in a decision that did not affect the other defendants – Achtyl; Deputy James W. Flowers, who participated in the arrest; and Sheriff Timothy B. Howard.

Belsito's lawyer pointed to Achtyl's criminal conviction and said the county's legal challenges don't alter the fact that the county, or its insurers, will ultimately have to compensate his client for his injuries. He said Belsito, who was left with a broken nose and bloodied face, continues to seek treatment for damage to an optic nerve.

"Whether the county is directly liable or not, they still have to indemnify their deputies and they still have to pay the bill," said Buffalo attorney Aaron M. Glazer.

A lawyer for the county declined to comment but argued in court papers that, absent a law assuming liability, the county is not responsible for Achtyl's criminal conduct. He was convicted of three misdemeanors and resigned a short time later.

"Erie County has not passed a local law assuming responsibility for the negligent acts of its sheriff and his deputies," Albert J. D'Aquino, a lawyer for the county, said in court papers.

U.S. District Judge Elizabeth A. Wolford cited the local law argument in dismissing Belsito's claims against the county.

In his suit, Belsito accuses Achtyl of assault and false arrest and claims the county and Sheriff Timothy B. Howard were negligent in hiring, training and supervising Achtyl.

Filed in February, the suit seeks an unspecified amount in monetary damages but, at this point, it is unclear who would compensate Belsito if he reached a settlement or won a favorable jury verdict.

The county buys private insurance to cover sheriff's deputies working at New Era Field so it is possible insurers, as well as the county and Achtyl, could be on the hook.

Glazer views the jury verdict, which came in late September after a weeklong trial, as a weapon he didn't have when he first filed the complaint.

"The effect of the criminal verdict is enormous," he said. "The convictions are potentially admissible in our civil complaint and, second, a jury of citizens from Erie County found beyond a reasonable doubt that Deputy Achtyl committed a crime."

He also noted that the threshold for responsibility in a civil case is much lower than in a criminal case.

The suit is moving forward now that Achtyl's criminal case is over. He resigned after the verdict came down but dated his resignation letter the day before the verdict.

By resigning before his conviction, Achtyl could protect his ability to work again as a police officer. He is currently one year shy of the 20-year benchmark for receiving a full pension from the Sheriff's Office.

Howard, in a statement at the time, said he was reviewing Achtyl's employment status when the resignation letter arrived at his office. Until then, the sheriff had adopted the stance that because Achtyl was convicted of misdemeanors, not felonies, he would not automatically be terminated.

Achtyl's sentencing on the criminal convictions is scheduled for Jan. 23 and, according to prosecutors, he faces up to two years in jail.