A 32-year-old Cheyenne man faces five criminal charges and potential for 35 years in prison for allegedly using brass knuckles, and then a pistol, as he attempted to steal an Xbox video game console from someone’s home.
Court documents made available Wednesday show James Rizzo is charged with:
• One count of aggravated robbery with a deadly weapon.
• Two counts of aggravated assault and battery by threatening with a weapon.
• One count of theft.
• One count of child endangering.
He was arrested on the charges Monday following an incident at a Cheyenne home Friday, according to court documents.
An arrest affidavit in the case says the Cheyenne Police Department was dispatched on a report of a domestic dispute involving a weapon.
When an officer arrived, a 17-year-old boy said that Rizzo tried to attack him with brass knuckles while Rizzo’s 7-year-old daughter was present on the property.
The 17-year-old told police he was “able to run away and hide on top of a parked RV after James Rizzo sent his dog, a husky, to attack (him).”
Meanwhile, a 36-year-old man who lived at the home told police that Rizzo had tried to use a 21-year-old man who also was present to steal an Xbox valued at $700.
The man said he attempted to take the Xbox back from Rizzo, who refused to return it.
“James Rizzo retrieved a pistol from his vehicle and pointed it at (the 36-year-old man) while approaching him after shouting, ‘I’ll kill all of you,’” referring to the man, the 17-year-old boy and the 21-year-old man he had sent to steal the Xbox, the affidavit states.
The 36-year-old also said Rizzo had pointed the gun at him in the presence of Rizzo’s daughter.
A 33-year-old woman also told police she witnessed the incident and saw Rizzo point the gun at people and make threats toward the others who were at the scene.
A preliminary examination on the charges is set for July 25. Bond was set at $50,000 cash.
The aggravated robbery with a deadly weapon charge carries a possible penalty of five to 25 years in prison and up to a $10,000 fine. Both aggravated assault and battery charges carry the potential of up to 10 years in prison and a $10,000 fine.
The misdemeanor theft charge is punishable by up to six months in jail and a $750 fine, while the child endangering charge carries a potential penalty of one year in jail and a $1,000 fine.
Rizzo remains in the Laramie County jail.
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
