ORCHARD PARK, NY (WKBW) — The defense has rested its case on day four in the trial of Erie County Sheriff Deputy Kenneth Achtyl. He’s accused of beating up a Bills fan before a game at New Era Field.
Nicholas Belsito was roughed up and injured in December of 2017.
Defense attorney Rodney Personius rested his case without calling Achtyl to testify.
7 Eyewitness News senior reporter Eileen Buckley asked the defense attorney for comment outside the courtroom Thursday.
“Can you say at all say why you didn’t call Mr. Achtyl to the stand,” asked Buckley.
“No, I don’t want to comment on that,” replied Personius.
Achtyl’s attorney would not provide any comment on this case. Among the witnesses he called to testify Thursday, an undercover officer. He told the six-person jury it was the quote “craziest” Bills game he experienced. He said “I saw a girl punch a horse. I saw a guy jump off a bus.”
Much of Thursday's testimony centered around the force Achtyl used against Belsito. Christopher Puckett was an expert witness who investigates the impact on vehicles.
Puckett was asked about the force and dent in the police cruiser. He uses a formula to calculate the speed of a human. In this case how Belsito was pushed backwards into the fender off deputy vehicle.
Puckett testified it was dented at the speed of quote a “fast walk or slow jog”.
But under cross examination, the prosecution tried to break the credibility of the witness. And asked why he only used photos and not the video to make his determination.
Puckett told the courtroom “I did NOT see the video”…The video wasn’t important to t his case.”
Then part of the video was played in slow motion for jurors. The prosecutor then asked “This is the very first time you are seeing the video?”
“That’s right” responded Puckett.
The nursing director for the Sheriff’s office for Corrections and the Erie County Holding Center, RN Sharade Aldinger, also testified about a medical form filled out the stadium. It indicated Belsito had a bloody nose and elevated blood pressure.
Closing arguments will be presented by both sides Friday and then the jury will receive instructions to begin deliberations. Jurors have been asked to report to court at 9 a.m. Friday,