*We want to warn you some of this footage is graphic.*
It was last December that Nicholas Belsito, now 26, was arrested during a Buffalo Bills' tailgate on counts of criminal mischief, disorderly conduct and obstructing governmental administration. All charges were dropped by the Erie County District Attorney's office in June of 2018 after watching an Erie County Deputy's body-camera footage of the incident. Now the UB student is planning to file a wrongful arrest lawsuit alongside his attorney, Aaron Glazer.
On December 3, 2017, Glazer says his client had his face smashed by a Deputy's baton after his friend was arrested during the tailgate.
Belsito suffered a nasal fracture and a concussion following the incident, according to hospital records obtained by Glazer. Glazer says his client is still suffering physically and mentally a year after the incident.
One deputy was wearing a body-camera, as part of the Erie County Sheriff body-camera trial, and captured the incident. Glazer says, "No one has to take our word for it, all they have to do is watch the video."
On Wednesday, he filed a notice of claim against the County, the Sheriff's Department and the two deputies involved. The County will have a right to a hearing and 30 days after the testimony begins, Glazer plans on filing the wrongful arrest lawsuit.
Erie County District Attorney John Flynn commented that he personally has not seen the body-camera footage, but his office will be looking at it "thoroughly." He also said his office will look into whether the deputy provided a false statement on the report.
A spokesperson for the Erie County Sheriff's Office declined to comment on the situation pending litigation. They did, however, say that the decision to continue with the body-camera program has not yet been made following the report of the trial period.
The full Notice of Claim filed on December 5, 2018 is below.