Prosecutors saw that Belsito had not fought with the deputy, as Achtyl claimed. He merely went to the window of a patrol car to ask the deputy where his friend, who had been arrested minutes earlier, was being taken, so Belsito could go retrieve him when freed.

But despite a Sheriff's Office policy telling deputies to treat the public with courtesy, Belsito repeatedly told Belsito to beat it. Though Achtyl eventually said the friend was going to "10 Delaware" — the address of the Erie County Holding Center — another "beat it" followed.

A frustrated Belsito said "thank you" and turned to walk away. Then he wheeled and said: "Beat it? You're a (expletive) cop." Belsito testified that he had the right to ask his simple question and get an answer.

Once cursed at, Achtyl bolted from the car and took his police baton to Belsito's throat and his nose. He and Flowers took him to the ground and clicked on the handcuffs. By the time they got him upright again, his face was caked with blood and gravel.

After The Buffalo News publicized the video late in 2018, District Attorney John J. Flynn said he would look at the case and determine whether to charge Achtyl. The DA announced the four misdemeanor charges against Achtyl in May.