GRAND JURY CHARGES TWO YOUNG BRONX MEN WITH ASSAULT IN HATE CRIME ATTACK IN THE WOODLAWN SECTION

Bronx District Attorney Robert T. Johnson announced today that two Bronx men have been indicted on assault charges for an alleged racially motivated attack on two pizza deliverymen on October 9, 2002 in the Woodlawn section of the Bronx.

A grand jury has charged Brian Russell, 20, of 119 East 233rd Street and Richard Kilpatrick, 20, of 4525 Herkimer Place, with Assault in the 2nd degree under the hate crimes statute. Assault in the 2nd degree is a Class D felony offense, which under the Hate Crimes Statute, is punishable by a maximum sentence of up to fifteen years imprisonment if convicted. Russell and Kilpatrick have also been charged with Criminal Mischief under the Hate Crimes Statue which is punishable by a maximum sentence of up to seven years imprisonment if convicted.

The defendants, who are free on $7,500 bail each, are to be arraigned on the indictment on Tuesday, December 3, 2002 in Bronx State Supreme Court, Part B.

The charges against Russell and Kilpatrick are the result of an altercation last month in front of 93 East 233rd Street shortly before ten o’clock at night. The victims, Juan Delossantos, 17, and Felipe Delossantos, 17, had gotten out of their car to make a pizza delivery when the defendants allegedly punched the boys numerous times and struck them with a baseball bat. During the attack, one of the defendants allegedly made anti Black and anti Hispanic comments while warning the victims to "stay out of the neighborhood."

The case is being prosecuted by Assistant District Attorney Ricardo Rodriguez.