An attack on a 66-year-old man who tried to break up a fight between two Bennett High School girls last May in Shoshone Park in North Buffalo led to jail time Tuesday for three of the nine Buffalo teenagers who pleaded guilty in the beating.
Damari Phillips, 17, was given the most jail time – weekends at the Erie County Correctional Facility for three months followed by five years’ probation.
Erie County Judge Thomas P. Franczyk decried the group mentality that took over in the park that day as more than 100 Bennett High School students gathered about 3:30 p.m. to watch a pre-arranged fight between the two girls.
“Nobody in the crowd acted to break it up,” he said.
But James LeGrand, a longtime employee of the Mayor’s Impact Team who was in the park cleaning his car, stepped in.
“Mr. LeGrand tried to stop it,” the judge said. “He had a camera and made it clear that if the fight didn’t stop, he was going to turn over his information” to the Bennett High School principal.
At that point, some of the teenagers, fearing they would get in trouble if the principal found out, attacked LeGrand, knocking him to the ground and punching and kicking him repeatedly as he tried to cover himself from their blows.
“It was the ultimate act of disrespect,” the judge said.
“You were more deeply involved than the others,” he told Phillips. “So there needs to be some punishment.”
The judge ordered Phillips to start serving his weekends in jail Jan. 17-19 and continue through April 11-13. He told him to write a letter of apology to LeGrand – something his attorney said he has already done – and perform 100 hours of community service while on probation. The judge noted that the presentencing report and the victim both recommended he be placed on probation.
The judge also granted him youthful offender status, sealing his criminal record.
At another sentencing earlier in the day, the judge noted that despite his injuries, LeGrand was not a vengeful person and did not oppose probation for all the defendants.
During the 45-second beating, LeGrand suffered a black eye and facial bruises as well as neck and back pain that continues, prosecutors said.
Phillips, like the other defendants, had pleaded guilty to second-degree assault, a felony carrying a maximum prison sentence of seven years.
Assistant District Attorney Paul Parisi told the judge that Phillips was one of the most culpable suspects in the May 16 attack, stomping the victim’s head and neck several times as the victim lay on the ground.
But in the presentencing report, Parisi noted that Phillips tried to minimize his role, telling probation officials that he slapped LeGrand once.
Parisi said a cellphone video of the attack that was posted on Facebook and used by Buffalo police school resource officers and detectives to identify the attackers clearly shows what Phillips did.
Phillips told the judge that he was very sorry for his actions and had written a letter of apology to LeGrand, which he had in his pocket, but he said he didn’t kick the victim.
The judge said he had seen a photo from the video that Parisi said showed Phillips’ foot on the victim’s body.
Phillips then admitted that in addition to slapping the victim, he had held him down with his foot.
Two other defendants – Homer Barney, 17, and Quashan Moore, 17 – were sentenced to weekends in jail for one month followed by five years’ probation and 100 hours of community service. They also were told to write letters of apology and were granted youthful offender status.
Assistant District Attorney Danielle Soluri told the judge that Moore struck LeGrand several times and held him down.
The judge said prosecutors rated Moore No. 3 in terms of culpability. He noted that he had received letters from teachers describing him as hardworking, self-motivated and respectful.
“How could you be so disrespectful to this man?” the judge asked Moore, referring to LeGrand.
“I was being foolish,” Moore told him. “I am sincerely sorry.”
Soluri told the judge that Barney also tried to minimize his role in the attack. She said the video shows him approaching LeGrand with the victim’s baseball hat after someone knocked it off but before the beating began. She said he appeared to be holding the hat hostage in an effort to get the camera from LeGrand, but he also took a swing at LeGrand.
The judge asked Barney whether he was being a good guy in returning the hat or was using it as bait to get the camera.
He said he was being a good guy and giving the hat back to him.
But he admitted that he swung at LeGrand when he tried to grab him, although he wasn’t sure he hit him.
Two other defendants – Edward Magby IV, 18, and Darvin Whitely, 17 – were both granted youth offender status and sentenced to five years’ probation and 100 hours of community service and were told to write letters of apology. The judge cited their lesser involvement in the attack.
A sixth defendant – Jaquan Woodward, 19 – will be sentenced at 2 p.m. today by Franczyk.
Three juveniles, who pleaded guilty in Family Court, could face up to 18 months’ placement in a facility for delinquents.
email: jstaas@buffnews.com
Damari Phillips, 17, was given the most jail time – weekends at the Erie County Correctional Facility for three months followed by five years’ probation.
Erie County Judge Thomas P. Franczyk decried the group mentality that took over in the park that day as more than 100 Bennett High School students gathered about 3:30 p.m. to watch a pre-arranged fight between the two girls.
“Nobody in the crowd acted to break it up,” he said.
But James LeGrand, a longtime employee of the Mayor’s Impact Team who was in the park cleaning his car, stepped in.
“Mr. LeGrand tried to stop it,” the judge said. “He had a camera and made it clear that if the fight didn’t stop, he was going to turn over his information” to the Bennett High School principal.
At that point, some of the teenagers, fearing they would get in trouble if the principal found out, attacked LeGrand, knocking him to the ground and punching and kicking him repeatedly as he tried to cover himself from their blows.
“It was the ultimate act of disrespect,” the judge said.
“You were more deeply involved than the others,” he told Phillips. “So there needs to be some punishment.”
The judge ordered Phillips to start serving his weekends in jail Jan. 17-19 and continue through April 11-13. He told him to write a letter of apology to LeGrand – something his attorney said he has already done – and perform 100 hours of community service while on probation. The judge noted that the presentencing report and the victim both recommended he be placed on probation.
The judge also granted him youthful offender status, sealing his criminal record.
At another sentencing earlier in the day, the judge noted that despite his injuries, LeGrand was not a vengeful person and did not oppose probation for all the defendants.
During the 45-second beating, LeGrand suffered a black eye and facial bruises as well as neck and back pain that continues, prosecutors said.
Phillips, like the other defendants, had pleaded guilty to second-degree assault, a felony carrying a maximum prison sentence of seven years.
Assistant District Attorney Paul Parisi told the judge that Phillips was one of the most culpable suspects in the May 16 attack, stomping the victim’s head and neck several times as the victim lay on the ground.
But in the presentencing report, Parisi noted that Phillips tried to minimize his role, telling probation officials that he slapped LeGrand once.
Parisi said a cellphone video of the attack that was posted on Facebook and used by Buffalo police school resource officers and detectives to identify the attackers clearly shows what Phillips did.
Phillips told the judge that he was very sorry for his actions and had written a letter of apology to LeGrand, which he had in his pocket, but he said he didn’t kick the victim.
The judge said he had seen a photo from the video that Parisi said showed Phillips’ foot on the victim’s body.
Phillips then admitted that in addition to slapping the victim, he had held him down with his foot.
Two other defendants – Homer Barney, 17, and Quashan Moore, 17 – were sentenced to weekends in jail for one month followed by five years’ probation and 100 hours of community service. They also were told to write letters of apology and were granted youthful offender status.
Assistant District Attorney Danielle Soluri told the judge that Moore struck LeGrand several times and held him down.
The judge said prosecutors rated Moore No. 3 in terms of culpability. He noted that he had received letters from teachers describing him as hardworking, self-motivated and respectful.
“How could you be so disrespectful to this man?” the judge asked Moore, referring to LeGrand.
“I was being foolish,” Moore told him. “I am sincerely sorry.”
Soluri told the judge that Barney also tried to minimize his role in the attack. She said the video shows him approaching LeGrand with the victim’s baseball hat after someone knocked it off but before the beating began. She said he appeared to be holding the hat hostage in an effort to get the camera from LeGrand, but he also took a swing at LeGrand.
The judge asked Barney whether he was being a good guy in returning the hat or was using it as bait to get the camera.
He said he was being a good guy and giving the hat back to him.
But he admitted that he swung at LeGrand when he tried to grab him, although he wasn’t sure he hit him.
Two other defendants – Edward Magby IV, 18, and Darvin Whitely, 17 – were both granted youth offender status and sentenced to five years’ probation and 100 hours of community service and were told to write letters of apology. The judge cited their lesser involvement in the attack.
A sixth defendant – Jaquan Woodward, 19 – will be sentenced at 2 p.m. today by Franczyk.
Three juveniles, who pleaded guilty in Family Court, could face up to 18 months’ placement in a facility for delinquents.
email: jstaas@buffnews.com