I may catch some shit for writing today’s post, but this story is a good example as to why I think that sometimes the court of public opinion gets things very wrong. If you’re a regular reader, you may already know that I am not a fan of mob justice, particularly for people who armchair quarterback from home and have nothing to do with a specific case. I think that can have a devastating effect on justice and fairness, something that everyone should be entitled to, especially in the United States. Anyway, here goes… putting on my flame retardant suit now.

On Saturday, September 26, 2020, 65 year old Donald Lewinski and 80 year old Rocco Sapienza were both visiting Pamp’s Red Zone Bar and Grill in West Seneca, New York. Both men were said to be regulars at the establishment, although it’s not clear if they knew each other before their deadly meeting a couple of weeks ago.

Mr. Lewinski is now being charged with the negligent homicide of Mr. Sapienza. Why? Because Mr. Sapienza, who was said to be very friendly, but not one who was afraid to confront people he thought needed calling out, chastised Mr. Lewinski for not wearing a face mask. The headline about this incident in The New York Times is “80-Year-Old Is Killed After Asking Bar Patron to Wear Mask”. Naturally, people are responding to that headline with much vitriol toward Mr. Lewinski. Some are labeling him a cold blooded murderer and calling for him to spend much longer in prison than the four years he could face if he is convicted.

The headline implies that Mr. Sapienza simply asked Mr. Lewinksi to wear a mask, and he responded by viciously shoving him, intending to hurt, or even kill him. I was skeptical that this incident went down the way the headline implied. And, in fairness to the The New York Times, the actual article, which I am sure a lot of people didn’t bother to read, is a lot more impartial than the headline is. There are also other articles from reputable, but more local, sources available that present a very different perspective than what was reported in The New York Times. Having read several articles about this altercation, I have concluded that this is what really happened.

These two guys visited their favorite watering hole. Both are older men, probably a bit set in their ways and not interested in hearing other people’s opinions on how they should be behaving in public.

Mr. Lewinski’s son was playing music outside of the bar. The band was set up in the parking lot, and they happened to be playing in the parking spot that Mr. Sapienza usually used. This tidbit of information was not in the Times’ article, but it was in an article by Local 12, a news station in the West Seneca area. So… Mr. Sapienza was already annoyed that his parking spot was usurped by Lewinski’s son’s band. It’s unclear whether or not the band knew that was Sapienza’s parking spot, or if he was somehow officially entitled to park there.

The New York Times article also fails to mention that Mr. Lewinski did have a neck gaiter and though he did frequently forget to pull it up, perhaps because he was drinking or “caught up in the thrill”, according to his lawyer, Barry Covert, “when asked to put his mask on, [he] did so readily.”

Apparently, Lewinski kept coming in and out of the bar to fetch rounds of drinks. When he came into the bar, he repeatedly forgot to pull the gaiter up over his nose and mouth. Also according to Lewinski’s lawyer, “[Sapienza] was disgruntled that he could hear the music inside, and he was unhappy that my client and other people were bringing tables and chairs from inside the bar outside to the patrons who were enjoying the band out in the parking lot.”

Mr. Sapienza, who had reportedly served in the Marine Corps and had a “boisterous” personality that would “fill up a room”, eventually decided that enough was enough. Sapienza was also said to be “protective” of the staff at Pamp’s Red Zone Bar and Grill and was well-liked at the establishment. I have a feeling that Sapienza might have thought of the bar as “his place” and it probably irritated him that Lewinski and his son’s band were upsetting the order of things.

According to video footage, Lewinski was speaking to the bar owner for a moment and Sapienza, donning a face mask, decided to take it upon himself to confront Mr. Lewinski about his failure to be diligent about wearing a mask. There was no audio to the video, but John J. Flynn, the Erie County district attorney, says that “out of the blue”, Mr. Lewinski two hand shoved Mr. Sapienza, who fell backwards. His left arm knocked over a bar stool as his head hit the floor. Sapienza immediately lost consciousness and suffered a seizure. He was taken to a hospital, where he underwent brain surgery and died several days later.

Lewinski, who supposedly had made “lewd” comments to the staff, immediately paid his bill and left right after Sapienza hit the floor. I can’t say I blame him for that, but maybe that was also the wrong thing to do.

In my opinion, this incident sounds like a terrible accident. It’s certainly not murder, although many outraged comments indicate that it is. I don’t believe that Donald Lewinski showed up at that bar intending to kill someone. He probably just wanted to have a good time, listen to his son play music and enjoy some adult beverages.

If Lewinski had tackled Mr. Sapienza and repeatedly beat him about the head and shoulders in a clear effort to kill him, that would be murder. There has to be deliberate intent to kill for a killing to be called murder. It sounds to me like Lewinski pushed the man to get him out of his face, and that was it. He clearly didn’t intend to kill him. Mr. Sapienza’s accident was simply the unfortunate result of their confrontation, which Sapienza initiated. I don’t think Lewinski needs to be put away for the rest of his life for that. Some people would even call what he did self-defense, although I’m not sure the situation called for self-defense. But again– they were in a bar and there were likely distorted perceptions at play caused by boozing.

Could Lewinski have been better about wearing a face mask? Sure. But consider that less than a year ago, no one was wearing masks in bars or socially distancing. Some people are having a harder time adjusting to this new requirement than others are. And while I’m not absolutely certain that the parties involved in this incident were drinking alcohol, I’m going to assume that they were. They were there for “hours”, and there’s no telling how much they drank before the altercation occurred. In fact, I would also wonder if alcohol could have had an effect on Mr. Sapienza’s body that exacerbated the effects of the blunt trauma to his head.

What really irritates me about this story is that many people who are commenting on it automatically attack Donald Lewinski’s character and call him a “murderer”. It’s akin to the people who call anyone not wearing a face mask a “murderer”. It’s ridiculous hyperbole and it doesn’t serve justice.

For the record, I agree that Lewinski was absolutely wrong to shove Mr. Sapienza, although I also think that Sapienza was wrong to confront Lewinski. It was not his place to enforce the mask requirement; it was the management’s duty.

Moreover, the fact that Mr. Sapienza was 80 years old is irrelevant. I don’t know how recent the photos of Sapienza are, but he doesn’t appear to be that old. In some pictures I’ve seen, he’s wearing a dapper looking suit and a big smile– yes, he looks like a very friendly, healthy, fun loving man. I would not have guessed Sapienza was 80, and I’m sure his age never occurred to Mr. Lewinski, either. It sounds to me like he acted impulsively– he’d been drinking and was already irritated with Sapienza, as the two had exchanged “terse words” prior to the shoving incident. It’s not unusual for people to react physically when someone invades their personal space, especially when there’s booze involved.

Obviously, both of these men were healthy enough to sit in a bar for hours, despite their “advanced ages”. But in the age of COVID-19, it’s probably not the best idea for anyone to be hanging out in a bar, especially men over the age of 50 who might have underlying health conditions. Alcohol is a social lubricant. It causes people to behave in ways they might not have otherwise and can distort a person’s perceptions of reality. Or, it causes them to magnify behaviors, which may or may not be good.

If you’re an asshole naturally, and you drink booze, you’re probably going to be an even bigger asshole when you’re drunk. Believe me, I have seen and experienced it many times. I don’t know what kind of man Donald Lewinski is, but if he was drinking, it’s possible that his frame of mind might have been in the realm of asshole on September 26th. Or, maybe he just doesn’t know his own strength.

If you’re a senior citizen and you’re concerned enough about COVID-19 that you feel compelled to confront strangers about wearing face masks, it’s probably a wiser decision to stay home. I am sure that hanging out in his favorite watering hole was a comfort for Mr. Sapienza. Maybe it helped him feel more normal in these very weird pandemic days we’re experiencing. And maybe he felt emboldened to confront another man for not wearing a face mask, because that bar felt like “his place”. But, when it comes down to it, not everyone is going to see it that way. People are on edge and pissed off– tensions are high for a lot of reasons. It’s probably not the best idea to confront people who are breaking the rules, especially in a bar. Let someone in charge do it, for your own safety. Especially if you are “at an elevated risk” for COVID-19, as Mr. Sapienza would be simply due to his age and sex. But then, maybe Mr. Sapienza was also under the influence of booze and his natural instincts were similarly magnified.

I totally get that people are fed up with those who break the rules. I also get that people resent having to wear face masks. I hate them myself, but I do wear them when they are required. And because I hate the masks, I do my best to avoid having to wear them by staying away from other people. Instead of going to bars, I stay home and drink. It’s cheaper that way, and I get to pick the music. Bars are not safe places for those hoping to avoid COVID-19. I certainly don’t condone Lewinski’s decision to push Mr. Sapienza, inadvertently causing his death, but I also don’t condone Mr. Sapienza’s decision to put himself in harm’s way by being confrontational.

It’s too bad that the press is spinning this situation to be something it’s not. People are predictably reacting without reading much more than the headline or thinking critically. So many folks are commenting that Lewinski should go to prison for the rest of his life… calling him a hardened murderer because he shoved some guy for confronting him after they had already exchanged “terse words”. I wonder if they would feel the same way if they or someone they loved were involved in a similar situation. My guess is that most of them wouldn’t. But then, it’s always “a different story” when the story is about someone else.

Edited to add, as of December 2022, the criminal charges against Mr. Lewinski were dropped. However, it’s possible that a wrongful death suit may be filed, and there may be an appeal of the verdict.