Erie County District Attorney John J. Flynn announces that 46-year-old Kenneth Achtyl of Hamburg has been arraigned before Orchard Park Town Court Justice Jorge S. de Rosas on two counts 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.
It is alleged that 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, allegedly struck the victim in the face with his police baton causing physical injury. The victim suffered a broken nose and a concussion.
It is further alleged that the defendant 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 have been dismissed.
Achtyl is scheduled to return on Thursday, June 27, 2019 at 5:00 p.m. for a motion argument. He was released on his own recognizance.
If convicted on all charges, he faces a maximum sentence of 1 year in jail.
The case is being prosecuted by Assistant District Attorney Gary M. Ertel of the DA’s Public Integrity Unit.