Posted on: May 10, 2025 01:20 PM

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Queens man convicted in 2020 assault theft at The home depot in Levittown

Nassau County District Attorney Anne T. Donnelly announced that a Queens man was convicted of assault, grand larceny, and other charges for an incident that took place at The Home Depot in Levittown five years ago, which left a victim with significant and irreparable injuries to one of his wrists.

Joshua Mitchell, 29, was convicted yesterday by a jury after a trial before Judge Howard Sturim of Assault in the First Degree (a B violent felony); Assault in the Second Degree (a D violent felony); Leaving the Scene of an Incident Resulting in Serious Physical Injury (an E felony); Grand Larceny in the Third Degree (a D felony); and Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree (an unclassified misdemeanor).

The trial began on May 6, 2025, and the jury deliberated for less than two hours before delivering their verdict. The defendant is due back for sentencing on July 10, 2025, and faces a potential maximum of 26 1/3 to 29 years in prison.

“What should have been an ordinary day for an employee at The Home Depot in Levittown turned into years of suffering because of Joshua Mitchell’s selfish, criminal actions,” said DA Donnelly. “People expect to feel safe in the workplace, not at risk of life-changing injury just for trying to do the right thing. It is my hope that this conviction will bring some solace to the innocent victim and drives home the fact that this type of reckless violence will never be tolerated by my office.”

DA Donnelly said that on June 17, 2020, at approximately 11:30 a.m., Mitchell was observed by an asset protection officer (APO) at The Home Depot, located on Hempstead Turnpike in Levittown, placing 91 expensive plumbing items into a 54-gallon bin in a shopping cart and proceeding toward the exit without paying.

The total amount of merchandise found in the defendant’s cart was $3,321.29. When the APO approached the defendant in the vestibule area, the defendant began to push and shove the cart into him. The defendant then abandoned the cart and ran back through the store and out a different exit. He then got into a silver Hyundai Elantra with fake Pennsylvania license plates and began to drive away.

A man who was working at the store as a kitchen designer followed the defendant out into the parking lot to stop him. The defendant drove his car toward the victim, hitting and launching him into the air, and then proceeded to drive out of the parking lot and onto Hempstead Turnpike.

The victim was taken to St. Joseph’s Hospital where he was diagnosed with a fractured wrist. It was later determined by an orthopedist that the victim had a broken radius bone, a broken scaphoid bone, and a torn ligament in his wrist. He also suffered a torn rotator cuff and torn labrum in his shoulder.

The victim underwent surgery in July of 2020, which resulted in a plate and screws being placed into his wrist. A second surgery was needed in September of 2020 to remove the plate and try to loosen up the tendons and remove scar tissue. The victim had to have a third surgery in December of 2020 to shave down bone spurs that were inhibiting wrist motion but was told that he would not regain any motion in his wrist, his thumb, or have any finger grip strength.

Mitchell was arrested on September 24, 2020, at his Laurelton, Queens home.

From DA