Prosecutors Desk 12-9-20112
On October 24, very early in the morning, deputies were dispatched to the area of the Loon Lake Saloon, to investigate an assault which had just taken place. Deputies arrived and found that an elderly man had been punched and beaten and had several cuts on his face. He told the deputies he had been attacked by a young man who had been sitting behind him in his car. Deputies took statements from the victim and witnesses who had seen any part of the situation.
After the investigation, the office charged Kyle Costello, age 27, with Fourth degree Assault. The state alleged that Mr. Costello assaulted the victim, who was age 75, by attacking him from behind. The victim thought he was invited out for a going away party by some mutual friends and drove his vehicle to the location. The victim met with Mr. Costello and a couple other people. Mr. Costello seated himself in the back seat behind him. When the victim stopped the vehicle, Mr. Costello wrapped a belt around his face and headrest and began hitting him. Fortunately the victim was able to get away and did not receive any broken bones or lasting physical injuries.
On November 28, Mr. Costello pleaded guilty to the charge. At sentencing, the court heard from the victim and found out that he barely knew Mr. Costello and this was only the second time they had met. The elderly victim confronted Mr. Costello at the sentencing hearing and scolded for the cowardly ambush style assault.
Deputy prosecutor Nick Force asked the court to sentence Mr. Costello to a year in custody based upon the fact that Mr. Long was lured to the scene to be assaulted, the ambush style assault from behind, and the brutality of the assault upon the victim. The court gave Mr. Costello 364 days in jail.
There were various reasons given for the assault. None of them amounted to any thing but excuses. The bottom line however is that a young person ambushed and severely assaulted an elderly man. This kind of conduct deserves the maximum punishment. That is what the court gave him.