WEST SENECA, N.Y. (WGRZ) -- A West Seneca man is dead and another man is facing a criminally negligent homicide charge over wearing a face mask.
Erie County District Attorney John J. Flynn says Donald Lewinski, 65, of West Seneca is charged with criminally negligent homicide following an incident in a bar on September 26. The man who died is 80-year-old Rocco Sapienza.
Flynn says Lewinski and Sapienza were patrons in a Southwestern Boulevard bar while a band was playing live music. Flynn says Lewinski was allegedly walking through the bar without a mask, and Sapienza confronted Lewinski about it. They had a verbal confrontation, but separated. While Lewinski was drinking at the bar, Sapienza confronted him again. Flynn says surveillance video shows Lewinski stand up and shove Sapienza with two hands.
Sapienza fell to the ground and suffered a seizure. He was unresponsive and was taken to ECMC. He never regained consciousness and died four days later.
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