Jack Davis Confrontation Caught on Tape

May 12, 2011 Updated May 12, 2011 at 6:56 PM EDT

By Ed Reilly

May 12, 2011 Updated May 12, 2011 at 6:56 PM EDT

(Greece, N.Y.) The race for the 26th Congressional Seat is heating up now that Independent Candidate Jack Davis was videotaped lashing out at a man with a video camera.

The incident occurred Wednesday night as Davis was leaving a campaign stop in suburban Rochester.

In the 15-second video, posted on YOUTUBE by the Erie County Republican party, a man repeatedly asks candidate Davis "Why he backed out of the debate?". (The question referencing a debate scheduled for Thursday morning in downtown Buffalo.)

Davis responds, "Hey, you want punched out?" and then appears to swing his hand towards the camera. As the image swings wildly from side to side, an assistant to Jack Davis also seems to confront the photographer.

But now it turns out that the videographer was a political operative from Republican challenger Jane Corwin's office.

Internet site WNYMEDIA.NET is confirming that the man confronting Jack Davis was actually Jane Corwin's Chief of Staff Michael Mallia.

Jane Corwin's campaign headquarters would not comment on the identity of the photographer. A spokesperson for Corwin said "The video speaks for itself and it shows that Jack Davis does not have the temperament to be a congressman."

"This was a total set-up!" says Curtis Ellis, campaign manager for Jack Davis.

Four candidates are in the race to win the congressional seat vacated by Chris Lee. Lee resigned his position after shirtless pictures of him made their way onto the internet.

No one was hurt in Wednesday nights incident and no charges were filed.

Democrat challenger Kathy Hochul's campaign told Eyewitness News that it was "not right" for Jack Davis to push anyone. A spokesperson for Hochul saying they hope Davis apologizes and the candidates can get back to discussing the issues that affect the voters.

There was no response from Green Party candidate Ian Murphy.

The special election for the 26th Congressional seat is scheduled for May 24th.