TWENTY ONE YEAR OLD BRONX MAN CONVICTED OF ASSAULTING TWO PIZZA DELIVERYMEN IN THE WOODLAWN SECTION OF THE BRONX

Bronx District Attorney Robert T. Johnson announced today that a twenty one year old man has been found guilty of assault in connection with an attack last Fall on two Hispanic pizza deliverymen in the Woodlawn section of the Bronx.

Brian Russell, of 119 East 233rd Street, the Bronx, was convicted of Assault in the 2nd degree, Assault in the 3rd degree, Criminal Mischief in the 3rd degree and two counts of Aggravated Harassment.

Acting State Supreme Court Justice Michael Sonberg revoked Russell’s bail and ordered him remanded pending sentencing on October 15, 2003 in Part M30.

Russell is facing a maximum sentence of up to seven years imprisonment on the most serious charge of Assault in the 2nd degree. He could have faced a maximum sentence of up to fifteen years imprisonment because the attack was classified as a Hate Crime. However the jury did not find evidence that Russell’s actions were racially motivated although anti Hispanic slurs were made. The evidence of racial bias pointed to a second defendant, Richard Kilpatrick, who pled guilty to Assault in the 2nd degree on September 9, 2003, and agreed to testify against Russell. Sentencing for Kilpatrick has been set for October 2, 2003 in Part T22. Under terms of the plea agreement, Kilpatrick will be sentenced to a term of six months in jail and four and a half years probation.

The incident occurred on October 9, 2002 in front of 93 East 233rd Street shortly before ten o’clock at night. The victims, Felipe Delossantos, 17 and Juan Delossantos, 17, had gotten out of their car to make a pizza delivery when they both were attacked. Felipe Delossantos was struck in the legs with a baseball bat and both young men were punched numerous times.

Kilpatrick, 21, of 4525 Herkimer Place, the Bronx, admitted that he had "acted in concert" with Russell in punching the victims and damaging their vehicle. However, Kilpatrick testified that Russell alone struck Felipe Delossantos with the bat while he, Kilpatrick, held the victim.

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