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Erie County District Attorney

01/23/2020 | News release | Distributed by Public on 01/24/2020 08:46

Former Sheriff's Deputy Sentenced for Assaulting Tailgater Outside Stadium

Erie County District Attorney John J. Flynn announces that 46-year-old Kenneth Achtyl of Hamburg has been sentenced by Orchard Park Town Court Justice Jorge S. de Rosas to a 1 year conditional discharge.

On Sunday, December 3, 2017, at approximately 1:00 p.m., the defendant, while on-duty as a deputy with the Erie County Sheriff's Office, struck the victim in the face with his police baton causing physical injury. The victim suffered a broken nose and a concussion. The defendant also knowingly wrote a false statement in a report regarding the behavior of the victim during the arrest.

All charges against the victim in this case were dismissed.

A jury found Achtyl guilty of one count of Assault in the Third Degree, one count of Falsifying Business Records in the Second Degree, and one count of Official Misconduct. All of the charges are Class 'A' misdemeanors.

As part of his sentence, Achtyl was ordered to perform 150 hours of community service and pay a $250 fine on each count.

The case was prosecuted by Assistant District Attorney Gary M. Ertel of the DA's Public Integrity Unit and Assistant District Attorney James M. Marra of the DA's Felony Trials Bureau.