Erie County District Attorney John Flynn says a law enforcement officer went too far when he arrested a man tailgating at a Bills game, leaving him bloodied and battered.

• Sheriff's Deputy Kenneth Achtyl is charged with assaulting a Bills fan
• DA John Flynn says the deputy's actions were excessive
• The victim, Nicholas Belsito, suffered a fractured nose and other head injuries

"The bar I set to keep safety is pretty darn high. In this case right here, this officer crossed the bar. He crossed the line. He went over the bar and I've got to do the right thing here and punish him for it," Flynn said.

Erie County Sheriff's Deputy Kenneth Achtyl, 46, pleaded not guilty Thursday to two counts of assault, falsifying records and official misconduct — all misdemeanors. Flynn says the body camera video from Achtyl's partner and shots from cell phones of bystanders show most of what happened that day.

The alleged victim, Nicholas Belsito, was tailgating in Orchard Park before a Bills game on Dec. 3, 2017. His friend was arrested for throwing a beer can at sheriff's deputies. Belsito then asked the deputies where they were taking his friend. Achtyl told him to leave the area, and eventually told him the Erie County Sheriff's Office address. Belsito then walked away and swore at Achtyl — that's when the deputy left his vehicle and Flynn says attacked the victim from behind, hitting him with his baton.

"The situation was diffused. It was over. The kid was walking away. It was done and the deputy decided to get out of the car and re-engage in the situation that led to this unfortunate assault," Flynn said.

Belsito was cleared of all charges against him. His attorney, Aaron Glazer, says a civil lawsuit against the sheriff's deputies is on hold while the criminal case moves forward. While he doesn't condone Belsito's language toward the deputy, he says the physical assault was not justified.

"This is a kid who did nothing wrong, who ended up with a fractured nose, a closed head injury, and with injuries that are going to be with him into the foreseeable future," Glazer said.

Achtyl's attorney, Rodney Personius, said Thursday there's more to the case behind the video, and that the facts justified the deputy's actions.

"You have to go back to when the beer cans were being thrown at law enforcement. You have to go back to when this gentleman was interfering with another arrest. You have to go back in the video to when this gentleman was told to leave several times and didn't," Personius said.

Flynn says as a longtime Bills' season ticket holder, he understands how chaotic and challenging the tailgating scene can be for officers and respects their professionalism. However, he believes what happened to Belsito was excessive and unnecessary.

"I hope it sends a message to those in security there and those there at the Bills game, 'Hey, don't cross the line because if you do cross the line, there's going to be consequences,'" Flynn said.

The severity of Belsito's injuries did not warrant a felony charge, according to Flynn. Deputy Achtyl is now suspended without pay while the criminal case unfolds. He faces up to one year in jail if convicted and is due back in Orchard Park Town Court on June 27.