A city man was sentenced Wednesday to six months in jail in a case that involve an unprovoked attack on a 68-year-old man.
As the victim walked near Hillhurst Park off Campbell Avenue on Aug. 11, two assailants punched him on the left side of his face and the back of his head. He suffered swelling and redness as a result.
Charged in the attack were Christopher Diemer, 19, of Henry Street, and Tylor Depp, 16, of Forest Road. Both have since pleaded guilty to second-degree attempted assault, a felony.
Both agreed to sentences of up to six months in jail. Depp is to be sentenced in January. On Wednesday, Schenectady County Court Judge Karen Drago sentenced Diemer to the full six months.
In doing so, she referenced the nature of the incident — a man in his late 60s attacked on the street. She also referenced a pre-sentencing report in which Diemer could give no explanation for his actions and said he didn’t know why he had attacked the man.
“You have to figure out that you can’t accost people just because you feel like it,” she admonished him.
“You gave no explanation about what happened. None,” Drago continued. “I have to believe that you just felt, you know, ‘What the heck?’ That will not be tolerated.”
Diemer and Depp were arrested by city police shortly after the incident and charged with second-degree assault, a felony.
The felony count reflected the ages of both the victim and the assailants, that the victim was over 65 and his attackers were more than 10 years younger.
Prosecutor Ed Moynihan also referenced the nature of the attack, as well as the pre-sentencing report, saying the report painted a “bleak picture.”
Diemer’s attorney, John Della Ratta, argued that he should be sentenced to time served, about two months, saying he has worked to turn his life around, including getting a job at a fast-food restaurant and attending classes to get his GED.
Diemer declined to give a statement in court himself.