By Ed Drantch
BUFFALO, N.Y. (WIVB) – The Erie
County District Attorney is looking to find how an off-duty police officer was
involved in a brutal assault case at a Buffalo bar on May 11th that left an air
guardsman in a coma.
State Supreme Court Justice
John Michalski signed an order, mandating suspended Buffalo Police Officer Rob
Eloff submit a DNA sample. That sample could potentially connect Eloff to
evidence taken from Mollys Pub, the night Tech Sgt. Bill Sager was assaulted.
Jeff Basil, the manager of
Mollys Pub, is accused of first-degree assault. His bail was reduced Friday and
he was released. Basil is accused of pushing Air National Guardsman Bill Sager
down the steps, causing critical injuries and leaving Sager in the ICU.
Prosecutor Christopher Belling
says both Eloff and Jeff Basil were there when a surveillance feed was
disconnected, early Sunday morning, May 11th. That was after Sager was
allegedly pushed down the stairs, by Basil.
Belling said, “Therefore, we
swabbed all the connectors and that material is being processed at this time.
In order to complete the processing, we need a known sample from Mr. Eloff and
that’s all we’re requesting at this point in time your honor, is that Mr. Eloff
be directed to give a buccal sample.”
The buccal sample is taken from
the inside of the cheek.
Defense Attorney Herb Greenman
says because there was no lab report saying DNA was found on those connectors,
there is no reason Eloff, who was not in court, should have to submit this sample.
“The people indicate that Mr.
Eloff was sort of in the area where something might have taken place,” said
Greenman. “A person’s mere presence in the area is insufficient to establish
probable cause, it’s not an issue of proof beyond a reasonable doubt.”
With Michalski’s ruling, Eloff
will be tested Monday. Basil, who was released on bail, Friday, has already
submitted a DNA sample.
The investigation into the
Mollys Pub assault continues. So far, Basil is the only person charged in the
assault.
District Attorney Frank Sedita
says, typically, DNA samples are submitted voluntarily, but Eloff has not
voluntarily submitted anything.
