Queens Man Sentenced for Assault at Levittown Store

A Queens man has been sentenced to 22 years in prison for an assault that took place at a Levittown store and left the victim with significant and irreparable injuries to one of his wrists.

On June 17, 2020 at approximately 11:30 a.m., Joshua Mitchell was observed by an asset protection officer (APO) at The Home Depot, located on Hempstead Turnpike, 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 Mitchell in the vestibule area, the defendant began to push and shove the cart into him. He 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 Mitchell 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 2020, which resulted in a plate and screws being placed into his wrist. A second surgery was needed in September 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 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.

On May 8, 2025, by a jury after a trial before Judge Howard Sturim convicted Mitchell, 29, of assault in the first degree (a Class B violent felony); assault in the second degree (a Class D violent felony); leaving the scene of an incident resulting in serious physical injury (a Class E felony); grand larceny in the third degree (a Class D felony); and aggravated unlicensed operation of a motor vehicle in the second degree (an unclassified misdemeanor).

He was sentenced on July 24 to 22 years in prison and five years of post-release supervision. The Nassau County District Attorney’s Office recommended the maximum sentence of 25 years in prison.

“Joshua Mitchell will spend decades in prison not only for theft, but for a violent act that left an employee of The Home Depot with permanent physical damage,” said Nassau DA Anne Donnelly. “The victim was only trying to do the right thing, and everyday tasks are now anything but that because of this defendant’s reckless and criminal actions. The sentence handed down today reflects the serious harm this defendant caused, and the consequences of doubling down on a crime.”