BRONX MAN SENTENCED TO ONE YEAR IN JAIL FOR 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 Bronx man has been sentenced to one year in jail for his role in an attack last Fall on two Hispanic pizza deliverymen in the Woodlawn section of the Bronx.

A jury convicted Brian Russell last month of Assault in the 2nd degree, Assault in the 3rd degree, Criminal Mischief in the 3rd degree and two counts of Aggravated Harassment.

Russell could have been imprisoned for as many as seven years, but Acting State Supreme Court Justice Michael Sonberg imposed a sentence of one year in jail, citing the defendant’s age and the fact that it was his first offense. The District Attorney’s Office recommended a sentence of four years imprisonment.

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

Although the attack had been classified as a Hate Crime, the jury did not find evidence that Russell’s actions were racially motivated even though 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.

Kilpatrick 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.

Kilpatrick, of 4525 Herkimer Place, the Bronx, was sentenced on October 2, 2003 to a term of six months in jail and five years probation. Kilpatrick also paid $2,165 restitution for damage to the car that was owned by the father of the two victims.

The case was prosecuted by Assistant District Attorney Ricardo Rodriguez.