Aston man gets probation for spewing racist slurs at protest

MEDIA COURTHOUSE » An Aston man captured in videos hurling racial slurs and directing threats at people taking part in a demonstration in May pleaded guilty Wednesday to a misdemeanor count of ethnic intimidation.

Brian Setnick, 61, was captured on video shouting, “What’s that n—-?” and “you better watch out” as he drove by a protest at the intersection of Pennell Road and Concord road in Aston.

Common Pleas Court Judge George Pagano sentenced Setnick to two years of probation and 96 hours of community service under a negotiated plea worked out by First Assistant District Attorney Tanner Rouse and defense counsel Wana Saadzoi.

“There is simply no excuse for Mr. Setnick’s actions, and we hope that by shining a light on his egregious – and illegal – conduct, we have made clear that Delaware County will not tolerate this kind of hateful behavior,” said Delaware County District Attorney Jack Stollsteimer in a release. “I want to commend the work of the Aston Police Department for supporting us in this prosecution, and for standing with us to protect our residents from intolerance and hate in our community.”

The offense occurred about 7 p.m. May 31 during a peaceful rally at the intersection known as Five Points, where demonstrators had gathered in response to the police killing of George Floyd earlier that month.

At least two videos of the confrontation were circulated online following the protest. A person identified as Setnick’s son, Sean Setnick, could be seen sitting in the passenger seat of his father’s red Jeep waving an American flag in both. One video also appears to show the younger Setnick, a Penn State University student, yelling “Klan” as the Jeep drives by.

Following the incident, Sean Setnick provided a statement to the studentproduced newspaper the Penn State Daily Collegian, claiming he was actually shouting “Gang” because most of the protesters were his former high school classmates.

Five participants in the protest gave statements to Aston Police Officer Shane Coyle June 2 and provided video of the exchanges with Brian Setnick, according to a release issued when Setnick was charged.

The following day, two more witnesses contacted Coyle and provided him with additional statements and video evidence. In the second video, Brian Setnick can be seen looking directly at the witness and stating, “You better watch out, n——,” according to the release.

Witnesses said Setnick nearly caused a collision with another vehicle because of his actions. The Aston Police Department, which was on site to monitor the protest, also captured dash cam video of the encounters that confirmed the videos provided by witnesses.

All seven witnesses reported feeling personally threatened by Brian Setnick’s words and actions, the release says. He had also been charged with terroristic threats, reckless endangerment and harassment, but those charges were dismissed Wednesday and Saadzoi indicated the commonwealth agreed not to object to Setnick moving for par tial expungement of those charges.

“Mr. Setnick clearly intended to intimidate and harass the victim for no reason other than the color of her skin,” said Rouse. “Moreover, he acted in the company of his son – modeling and promoting intolerance to the next generation. We cannot and should not abide this behavior.”

Rouse said the county’s community service agency has been hindered by the COVID-19 pandemic, but noted his office has an agreement in place with Chester High School for those w ith community service to help distribute meals to the community and suggested that would be a good fit for Setnick.

Setnick initially did not have a comment in court until Pagano prompted him to apologize to the victim, who was present but did not speak.

“I’d like to express remorse for any act or intention that was directed toward (the victim),” Setnick said after briefly consulting with his attorney.

“I’ve been a judge for 23 years now, I’ve been in criminal eight and a ha lf,” Pagano told Setnick at the conclusion of Wednesday’s hearing. “(This is) the first time I’ve had this charge and I hope I never see it again. You’re an educated man; you know this was not right. I’ll leave it at that, but it is disturbing.”