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Former Erie County Sheriff's Deputy Kenneth Achtyl sentenced, will not serve jail time

Posted at 8:00 PM, Jan 23, 2020
and last updated 2020-01-24 18:08:49-05

BUFFALO, N.Y. (WKBW) — Former Erie County Sheriff's Deputy Kenneth Achtyl will not serve jail time for assaulting a Bills fan in 2017.

Achtyl appeared before a judge in Orchard Park Town Court Thursday evening. He has been sentenced to one year conditional discharge for each of his misdemeanor charges. He must also serve 150 hours of community service in 9 months and almost $1,000 in fines.

"I don't know if he'll ever completely move on, but he has a new job and a least for the time being, depending on whether he does appeal and how that turns out, he has to except this new reality," says Achtyl's defense attorney, Rod Personius.

The former deputy was caught on body camera footage assaulting the fan during a tailgate outside New Era Field.

Back in September, Achtyl was found guilty of misconduct, reckless assault and falsifying records, but not guilty on intentional assault.

Erie County Sheriff Tim Howard wrote a letter this week to the judge calling is former deputy a "hero" and stating that Achtyl was a "dedicated and compassionate public safety servant."

"I will acknowledge that sometimes heroic behavior isn't always totally appropriate, but yet it's intended to benefit others and for the majority of his career, he worked in a way to benefit others," says Sheriff Howard.

Achtyl resigned from the sheriff's office last year.