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80-year-old man shoved during mask confrontation dies

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WEST SENECA, N.Y. (NewsNation Now) — A New York man who authorities say confronted another patron at a bar for not wearing a mask and was shoved to the ground has died.

Rocco E. Sapienza, who was 80 years old, confronted another patron at a bar in West Seneca on Sept. 26 because he was not wearing a mask, Erie County prosecutors said on Monday.

“From the witness statements, these two just did not like one and other,” said District Attorney John Flynn. “These two were butting heads from minute one, there.”

Donald M. Lewinski, 65, then shoved Sapienza, who fell and struck his head on the floor, Flynn said.

“The defendant allegedly stood up from the bar stool and pushed him with two hands, and he pushed him pretty hard,” said Flynn. “The victim went flying back, hit his head on the ground, on the floor, of the bar.”

Sapienza was knocked unconscious and eventually died on Oct. 1, NewsNation affiliate WIVB reported. The cause of death was blunt force trauma, the district attorney said. He said he watched surveillance video of the incident and said the shove appeared to be without warning.

Flynn believes this could be the first case of its kind in the country, a physical altercation over wearing a mask, resulting in death.

Lewinski is scheduled to be charged with criminally negligent homicide, a felony, on Tuesday, the station reported.

An attorney for Lewinski did not immediately return an email requesting comment.

NewsNation affiliate WIVB and the Associated Press contributed to this report.

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