An Erie County judge is standing by his decision to throw out a criminal case over speedy trial concerns , but a final resolution could be a long way off.
The Erie County District’s Attorney’s Office said it plans to appeal Judge Daniel Brabender’s denial of a request that he reverse himself by reconsidering his decision to toss the case late last month. A ruling from the state Superior Court could take months.
For now, the case remains dismissed against Joe A. Bellotti, a 42-year-old Erie resident who was charged with intentionally hitting a neighbor with his car during a feud in the 2600 block of Wayne Street in October 2023. The neighbor suffered a torn ACL, according to court records.
Bellotti had pleaded not guilty and was planning to go to a jury trial on charges that included the first-degree felony of aggravated assault and the second-degree misdemeanor of simple assault. His lawyer, Charbel Latouf, said the incident, on Oct. 25, 2023, was an accident.