Media, PA – District Attorney Jack Stollsteimer announced today that Brian Setnick, 60, of Aston Twp., pled guilty to a charge of ethnic intimidation, a misdemeanor, in connection with his conduct at a rally held at the intersection of Pennell Road and Concord Road in Aston on Sunday, May 31, 2020. The defendant was sentenced to a term of two years probation and 100 hours of community service.

“There is simply no excuse for Mr. Setnick’s actions, and we hope that by shining a light on his egregious – and illegal – conduct, we have made clear that Delaware County will not tolerate this kind of hateful behavior,” said District Attorney Stollsteimer. “I want to commend the work of the Aston Police Department for supporting us in this prosecution, and for standing with us to protect our residents from intolerance and hate in our community.”.

On the day of the incident, the witnesses were participating in a peaceful rally at the intersection known as “five points” in Aston. Prior to the rally, the witnesses had made the Aston Police Department aware of the plans for the rally, which was held in response to the murder of George Floyd earlier in the month. Members of the Aston Police Department were present throughout the rally. Video evidence from the incident showed the operator of a red Jeep Wrangler – later identified as the defendant – traveling through the intersection several times, honking and hurling profanities before passing the victim, standing alone. Once in front of her, he pointed at her and shouted “You better watch out”, and several more racial slurs before driving on, nearly causing an accident in the process. Dash cam video from the Aston Police Department vehicle confirmed the video provided by the witnesses. All seven witnesses reported feeling personally threatened by the words and actions of the defendant.

First Assistant District Attorney Tanner Rouse, who prosecuted the case, decried the defendant’s actions. “Mr. Setnick clearly intended to intimidate and harass the victim for no reason other than the color of her skin. Moreover, he acted in the company of his son – modeling and promoting intolerance to the next generation. We cannot and should not abide this behavior,” said Rouse.

The District Attorney and the Criminal Investigations Division remind anyone in Delaware County who observes suspicious activity to call 911 immediately and provide the most specific and accurate details possible to assist law enforcement agencies investigating the call for service.

For press inquiries, please contact Margie McAboy, Public Information Officer, Delaware County District Attorney’s Office, 610-579-0429.