A man arrested at a Buffalo Bills game last December is pursuing legal action, months after an Erie County Sheriff Deputy's body cam video cleared him of alleged wrongdoing outside New Era Field. Now, the Erie County District Attorney is questioning whether the deputies should be further scrutinized.
In December 2017, deputies took Nicholas Belsito into custody outside New Era Field. He had been checking on a friend who had just been arrested, accused of throwing a beer can that struck one of the law enforcers. After words were spoken, deputies moved to arrest Belsito.
According to his attorney, Aaron Glazer, Belsito suffered a broken nose and concussion. His bloodied face can be seen on a deputy's body camera video.
Belsito was charged with disorderly conduct, obstructing governmental administration and criminal mischief. Those charges were dropped last June when deputies' body cam video showed Belsito did nothing illegal.
"Thank God we have a video," Glazer said. "If we didn't, there's no way that the events would have gone the way they've gone thus far."
Now questions are being raised whether the video may be used to bring possible charges against the deputies. As of Monday, Erie County District Attorney John Flynn had not yet viewed the video. It was an Assistant District Attorney who watched it and determined Belsito's charges should be dropped. In light of pending legal action by Belsito, Flynn intends to watch that video.
"Now, I'm looking at whether or not that officer perhaps made a false statement on his report," Flynn said. "That video will be looked at."
The Erie County Sheriff's Office, when contacted, issued a brief written statement: "We do not comment on incidents with pending litigation."
The incident in question begins at 7:11 on the video below. Warning: Video contains coarse language and blood.