Lawyer: Accused assailant is also a victim of assault
RIDLEY TOWNSHIP >> A Norwood man who is listed as a defendant in two court cases, one involving criminal mischief and the other aggravated assault, is a victim himself of simple assault that resulted in physical and mental trauma, according to his attorney and his mother.
Defense attorney Steven Pacillio on Thursday said his client, 20-yearold Nicholas Valerio, is the unnamed victim described in an affidavit of probable cause supporting the arrest of Robert Leone on charges of simple assault, harassment and disorderly conduct stemming from an incident outside Haggerty’s Bar on Feb. 5. Leone, 25, of the 300 block of North Llanwellyn Avenue in Glenolden, is free on 10 percent of $25,000 bail. He is listed to appear for a preliminary hearing July 10 before Magisterial District Judge Vincent D. Gallagher Jr., according to online court records. The simple assault charge filed against Leone is a seconddegree misdemeanor offense, while the harassment and disorderly conduct charges are summary offenses.
Leone’s attorney, Lindsay McDonald, declined comment Thursday.
According to separate probable cause affidavits, Valerio is the defendant in a criminal mischief case that occurred on March 19 and involved the smashing of a vehicle with a baseball bat resulting in more than $1,000 damages. He is also charged in an aggravated assault case that occurred on May 13 in which he allegedly threw a bottle in a bar resulting in a female patron suffering a bloody lip.
In his comments to a story earlier this week regarding Valerio’s two arrests, Pacillio said, “We are working toward a resolution on the criminal mischief case, which is intertwined with another matter in which my client was assaulted and is the victim.”
Pacillio also said at the time that he had only been recently retained in the aggravated assault matter and had no comment on that case.
According to the probable cause affidavit filed against Leone, police received a report of an assault that occurred in the parking lot of Haggerty’s Bar on Feb. 5, at 11:40 p.m. Police found the victim bleeding from his face and mouth, the affidavit states, and the victim was taken by ambulance to the hospital for treatment.
“When the victim was later interviewed, he reported that he was approached by a group of males, one of whom was the defendant, Robert Leone,” states the affidavit, written by township Police Detective Edmund Kienzle. “A verbal altercation between the victim and the group turned physical.”
According to Kienzle’s affidavit, the victim reported that “Leone punched him in the face, knocking him to the ground.” The victim further stated that “Leone continued to assault him while he was on the ground, and that during the assault Leone punched him at least six times with a closed fist and kicked him in the head four or five times.”
The affidavit went on to describe the victim as suffering the following injuries: Two front teeth knocked out, a laceration of the upper lip requiring nine stitches, bruising to the right side of his face and eye, as well as a broken right hand and bruised left hand from blocking kicks.”
According to an email received Thursday from Valerio’s mother, Nicole MacDonald, her son sustained the following additional injuries in the assault: Traumatic brain injury; vision loss in left eye; left shoulder tear; and a concussion.
She stated her son is currently undergoing ocular and vestibular therapy at Jefferson Concussion Center and that he required emergency plastic surgery to repair and reconstruct damage to his mouth. Additionally, he has severe cervical spine pain and numbness, lumbar spine pain and was diagnosed with posttraumatic stress disorder, she stated.
Pacillio on Thursday declined to comment on the Leone case beyond the information in the charging document.
“The criminal complaint wherein Nick is the victim of an assault speaks for itself,” Pacillio said. “As Nick’s attorney, I look forward to defending the cases in the courtroom.”
Valerio is listed to appear in district court in July.