Source: United States Department of Justice Criminal Division
Mark Tucci, 44, of Philadelphia, Pennsylvania, was sentenced today to 33 months in prison, two years of supervised release, and $16,529.44 in restitution by U.S. District Judge Gerald A. McHugh for the Eastern District of Pennsylvania for multiple offenses arising from racist, violent threats made by phone, email, text message, and in person, that targeted African-Americans.
“Today’s sentence sends a clear message: hate-based violence has no place in America,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “The Civil Rights Division remains committed to ensuring that all Americans feel safe in their cities and communities.”
“Every citizen is entitled to a peace and security undisturbed by the abhorrent and racist threats that took place in this case, full stop,” said U.S. Attorney David Metcalf for the Eastern District of Pennsylvania. “No citizen has the right to inflict, and no citizen has the duty to endure, the verbal harassment and racist attacks that the defendant committed in our District.”
“Today’s sentencing reinforces our commitment to protecting every individual’s civil rights and ensuring that those who intimidate, harass, or threaten our citizens are brought to justice,” said Special Agent in Charge Wayne A. Jacobs of the FBI Philadelphia Field Office. “The FBI and our partners at the Philadelphia Police Department, the Pennsylvania State Police, and the United States Attorney’s Office will continue to work side by side to safeguard our communities from threats of violence.”
The defendant pleaded guilty to an information on Aug. 21, charging him with two counts of interfering with federally protected activities, one count of cyberstalking, and one count of interstate communication of threats.
As detailed in the information and other court filings, the defendant repeatedly called and sent text messages and emails that consisted of racial epithets and violent threats to harm an employee (Victim 1) of an agency of the City of Philadelphia (Philadelphia Agency 1), and Victim 1’s colleagues.
Between about April 18, 2024, and June 2, 2024, Tucci emailed Victim 1 multiple times regarding a records request he had made to the agency. This escalated on June 3, 2024, when he repeatedly called Philadelphia Agency 1, and during two of those calls, he spoke with Victim 1, identified himself by name, and screamed at Victim 1, who asked him to stop screaming. He continued to do so, causing Victim 1 to hang up each time.
During subsequent calls on June 3 with Philadelphia Agency 1, Tucci spoke with two of Victim 1’s colleagues, using racial epithets and making threats. Specifically, the defendant said that he was going to come down to Philadelphia Agency 1 the next day and hurt everyone, and that he had Victim 1’s home address and was going to hurt Victim 1.
Tucci sent multiple emails to Victim 1 the same day, using similar racial epithets and threats. He also texted Victim 1 on their personal cell phone, a phone number that Victim 1 had never provided to the defendant. The text messages from Tucci to Victim 1 mentioned Victim 1 by name, and the name of the street on which Victim 1 resided at the time. The messages included a warning that “This is personal now,” and additional threatening language.
Tucci’s communications caused Victim 1 severe emotional distress, and fear that Tucci would find Victim 1 and seriously injure or kill them or their family members.
Tucci willfully intimidated and interfered, and attempted to intimidate and interfere, with Victim 1 because of Victim 1’s race and color, and because Victim 1 was enjoying employment by, and all perquisites of, an agency of the City of Philadelphia, a subdivision of the Commonwealth of Pennsylvania.
Also detailed in court filings, on the morning of Feb. 1, 2024, Tucci pulled up next to another car in heavy traffic on I-95 southbound, lowered his windows, and repeatedly screamed racial epithets and threats to kill and shoot the other car’s driver (Victim 2), who is African-American. Tucci then reached down into his car, at which point Victim 2 believed Tucci was reaching for a gun. Instead, Tucci pulled out a glass mug containing coffee, and threw it at Victim 2’s vehicle, terrifying Victim 2 and damaging their car.
The incident occurred while Victim 2 was enjoying a facility provided and administered by a state and a subdivision thereof, that is, driving on I-95.
This case was investigated by the FBI, the Pennsylvania State Police, and the Philadelphia Police Department, and prosecuted by Assistant U.S. Attorneys J. Jeanette Kang and Michelle L. Morgan for the Eastern District of Pennsylvania and Trial Attorney Samuel Kuhn of the Civil Rights Division’s Criminal Section.