Judge says he can't trust brother who beat patron at Playmates to be out in community

Calling Scott Lamagna's participation in an attack on a patron of Playmates in Byron "brutal" and "senseless," County Court Judge Charles Zambito rejected the idea of a probationary sentence and sent him to state prison for three and a half years.

"I can't put you on probation or give you a community-based sentence and be confident the community will be safe," Zambito said. "I don't know what will set you off."

Lamagna and his brother Jonathon attacked a patron in the parking lot of the strip club. The attack stemmed from a barroom disagreement. After beating the victim, the owner of Playmates tried to assist the man, whom she found in the parking lot lying in a pool of his own blood, by dragging him onto the porch. Zambito noted that Scott and Jonathan then renewed their attack. Jonathan kicked the victim in the ribs and Scott kicked him in the head, both kicks caused serious injuries.

The brothers then left the scene, stopped at the 7-Eleven in Bergen, where they attacked two other people.

"Mr. Burns (defense attorney Thomas Burns) did his best to try and convince me I should give you a chance out in the community, but I'm not convinced," Zambito said.

Burns argued that his client is remorseful for his actions and realizes he needs help for alcohol and drug abuse. He said Lamagna does have a record of being able to maintain a job and would be employable if released to probation. He also said Lamagna had strong support from his family. 

Scott is older than his brother and Burns said Scott understands that as the older brother it was his responsibility to society to set the mature example.

"He knows he dropped the ball on that one," Burns said.

Jonathan Lamagna was sentenced last week and Scott's sentencing was scheduled for the same day, immediately afterward, but Assistant District Attorney Kevin Finnell presented information obtained from wiretaps on jail phone calls between Scott and family members.

Burns objected to use of the recordings in evidence for the sentencing because he didn't even know about their existence before Finnell mentioned them in court, so the sentencing was adjourned to today, giving Burns time to review the recordings.

The recordings reveal a defendant who was scared and under stress and trying to deal with his immediate concerns, as any person would, Burns said, adding they didn't indicate Lamagna was any less concerned about the condition of his victim.

There was also evidence presented that indicated that before Lamagna was arrested, he made frantic calls to people trying to find somebody to take care of his dog.

Before sentencing, Lamagna addressed the court and said he was deeply sorry for hurting innocent people.

"I wish I could take it all back but I know I can't," Lamagna said.

He said he was prepared for the consequences of the judge's decision as a result of his own actions.

If sent to prison, he said, "I will come out a better person."

Zambito wasn't convinced as he looked at the violent nature of the attacks and Lamagna's seven prior charges of resisting arrest.

"It's sad that you didn't have the same concern that you had for your dog for human beings," Zambito said.