Man who punched Fox 29′s Bob Kelly pleads guilty to assault
Patrick Iannone, 22, was turned down for a pretrial program that would have let him avoid prosecution altogether.
CAPE MAY COURT HOUSE, N.J. — Patrick Iannone, 22, told a judge Monday he had no idea who Bob Kelly was when he went to the Oar House Pub in Sea Isle City on July 30, having already had a lot to drink, and punched the Fox 29 traffic reporter in the face.
Now he knows.
Iannone pleaded guilty on Monday to third-degree assault, the result, in part, of Kelly objecting to his application for a “pretrial intervention,” a diversionary program that would have allowed Iannone to avoid prosecution altogether.
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“You did not know him before that night?” his lawyer, John Tumelty asked him in court.
“I was not aware of who he was,” replied Iannone.
“Did you go up to him while in the bar and punch him in the face?” Tumelty asked.
“Yes.”
“There was no reason for you to do that, is that correct?”
“Yes.”
Iannone said he learned after the assault that Kelly suffered “significant bodily injuries,” including to his head and face, was knocked briefly unconscious, had an eye injury that resulted in him seeing spots, and suffered a cut to his eye that left a scar.
As part of the plea deal, prosecutor Edward Shim told the judge the state would recommend probation, along with required alcohol and anger-management counseling, and no contact with Kelly, who did not attend the hearing.
Kelly declined to comment Monday when reached by phone.
Cape May County Superior Court Judge Christine Smith has the final say. She set sentencing for Feb. 12, and Shim said Kelly would be there. Shim said Kelly’s wishes would be considered at sentencing by the judge, who could decide to sentence Iannone to jail. But that would allow Iannone to withdraw his guilty plea, he said.
At the hearing, the judge warned Iannone that if he “failed probation,” he would end up in jail. Iannone said he understood.
“The only way you’ll see the door of a state prison is if you fail probation, which I expect you’re not going to do,” the judge told him.
“I will not,” he said.
His lawyer said Iannone was giving up the right to argue that his intoxication played a role in the assault. He admitted that he caused those injuries to Kelly.
After the hearing, Shim, the prosecutor, said third-degree crimes carry a presumption of no jail time in New Jersey, so that the plea deal offered Iannone was consistent with similar cases.
He said Kelly’s objection to the pretrial program was one factor, along with an incident last summer in which Iannone was charged in Municipal Court with an assault in the Dead Dog Saloon, also in Sea Isle City.
In that case, Iannone pleaded guilty to disorderly conduct in Municipal Court and was fined $500, according to court records. It is not considered a criminal conviction under New Jersey law.
Shim said the Dead Dog Saloon incident contributed to a “pattern of antisocial behavior” that would argue against accepting Iannone for a pretrial intervention program.