Donald Lewinski, the man accused of shoving an 80-year-old man who later died after hitting his head, pleaded not guilty Tuesday to criminally negligent homicide and was released on no bail. Prosecutors say the confrontation was over wearing a mask in a West Seneca bar.

The judge had a list of conditions that Lewinski must follow, including staying away from Rocco Sapienza's family and not being allowed to go to any bars.

In the courtroom the judge said, "This tragedy illustrates why everyone in our community needs to calm down, this is not a time for political posturing."

Prosecutors allege there was some sort of verbal confrontation over wearing a mask that ended with Lewinski pushing 80-year-old Sapienza, who fell, hit his head, and died four days later at ECMC.

Lewinski's attorney, Barry Covert, says the fight was not just over a mask. Covert says video footage and witness statements say Sapienza had already been at the bar for some time and was upset well before Lewinski arrived.

"He was not happy that he lost his usual parking spot because a band was playing in the parking lot, and that tables were being moved around inside the premises, as District Attorney Flynn said, the video shows him coming up to my client," Covert said.

On Monday, Erie County DA John Flynn said both men were regulars at the bar on Southwestern Boulevard but did not know each other.

"He gets up from his barstool, confronts the gentleman not wearing a mask. Even though it's on video I will still use allegedly, he allegedly stood up from the barstool and pushed him," Flynn said.

“I don't know if remorse is the right word but they are sympathetic to the victim and his family, obviously their heart goes out to them and have the deepest sympathy for what occurred here," Covert added.

Lewinski is due back in court in November.