New York Daily News

Sidewalk KO

Man busted for punching out pedestrian in the Bronx blames victim

- BY GRAHAM RAYMAN

The suspect busted for punching out a 37-year-old man in the Bronx and then taking pictures blamed the victim in a statement to police, court records show.

Luis Rivera, 22, claimed in a police interview that Fernando Levano was yelling at him moments before Rivera hammered him in the head at about 6 a.m. on June 18 at Aqueduct Ave. and Buchanan Place in University Heights.

“The guy was yelling and I was like, ‘I don’t even know you,’ ” Rivera claimed to police, according to the criminal complaint. “He came back and I was like ‘That’s how it’s going to be?’ But he just kept going.”

Rivera added, “I just hit him. I was angry. The guy was laid out. I took some pictures on someone else’s phone. I know I f----- up very bad.”

His punch dropped Levano to the sidewalk, and his head hit the concrete. Levano was passed out for 10 minutes before an ambulance reached the scene, the records show.

Rivera exchanged high fives with another man in the aftermath, and they both smirked, a video shows.

As Levano was sprawled out in the crosswalk, a group of people, including a woman believed to be a local crack addict, walked over to pick the man’s pockets and take his phone and ID card.

Rivera surrendere­d Thursday afternoon at the 46th Precinct stationhou­se after the NYPD released video that showed him attacking Levano and then taking a cell phone picture of the helpless victim as another thief combed through the man’s clothes for valuables.

Cops previously released video showing Rivera walk up and deliver a devastatin­g right hook to Levano’s head.

Levano suffered a severe brain injury from a skull fracture and remains in critical condition at St. Barnabas Hospital.

His brother, Cesar Zuniga, 31, said Thursday that Levano had headphones on and thus couldn’t hear what Rivera was saying to him.

Rivera was charged with assault. He is being held in the city jails on $15,000 bail or $20,000 bond. His next court date is July 17.

 ?? /OBTAINED BY DAILY NEWS / HANDOUT ?? Fernando Levano lies in a hospital bed (left) on Thursday. Lebanon was punched in the head and knocked out at the corner of Aqueduct Avenue and Buchanan Place in the Bronx on June 18.
/OBTAINED BY DAILY NEWS / HANDOUT Fernando Levano lies in a hospital bed (left) on Thursday. Lebanon was punched in the head and knocked out at the corner of Aqueduct Avenue and Buchanan Place in the Bronx on June 18.

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