The Daily Gazette - Schenectady, NY
Daily Gazette

Mugger gets 13 years in prison; victim, 72, speaks
‘It never entered my mind to give in,’ man tells judge at sentencing
Tuesday, June 10, 2008

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— Facing a mugger with a knife, 72-year-old Joseph Aglio refused to give in.

He fought with his attacker.

The attacker ran with Aglio’s wallet, only to be taken down a short distance away by an off-duty police officer who was responding to the commotion.

“It never entered my mind to give in,” Aglio told Schenectady County Court Judge Karen Drago Monday. “If I gave in, he would try it again with some other innocent person.”

With Aglio’s resistance and help from the officer, the attacker, Kahene Peterkin, won’t be targeting victims.

Peterkin, 32, pleaded guilty earlier to one count of first-degree robbery, admitting to robbing Aglio in the Eastern Avenue CVS parking lot Oct. 16.

Drago sentenced Peterkin to 13 years in state prison, as part of a plea bargain.

Aglio attended the sentencing along with city police Officer Kevin Kilcullen, the off-duty officer who came to his aid.

Peterkin, who spent 10 of the prior 13 years in state prison, apologized for the attack in his statement. He was represented by attorney Sven Paul.

But Peterkin also appeared to minimize his role. Peterkin said that, while he had a knife, he never intended to use it.

“If I had intended to use it, it would have been used,” Peterkin said. “My only intent was to scare.”

Drago, who said Peterkin had “obviously picked the wrong victim,” quickly chastised Peterkin for his comments.

Aglio was simply going about his day, picking up prescriptions.

“That does not mitigate at all what happened,” Drago said. “That does not mitigate the violent crime you perpetrated against Mr. Aglio that day.”

The incident began just before 10 a.m. Oct. 16, after Aglio returned to his car from the store with prescriptions. Peterkin pulled open Aglio’s car door, thrust the knife at him and demanded his wallet.

Aglio refused, but soon found himself yelling for help as Peterkin grabbed at his pants and ripped the wallet out of his pocket.

Kilcullen soon heard the commotion and ran from the store. He told employees to call police and he then confronted the attacker.

After a brief chase, Kilcullen caught the man, pinning him down on Brandywine Avenue until backup arrived.

Aglio called the time since the attack trying, emotional and upsetting. “For the last eight months, I’ve been looking over my shoulder,” he said.

During his comments, Aglio thanked members of the District Attorney’s Office for help they gave. He also motioned to Kilcullen, the off-duty officer who came to his aid that day, thanking him.

With the sentencing over, Aglio turned to Kilcullen and shook his hand.

“Thank you,” Aglio said.



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