Local criminal attorneys say reduced sentence normal for first offense, but DA’s ongoing investigations continue
By Dan Murphy
The recent sentencing of former Yorktown Highway Superintendent Eric DiBartolo to a Pettty Larceny charge which resulted in a fine, community service and one year conditional discharge related to a Home Depot scam he concocted with an employee to steal goods without payment had many Yorktown residents and our readers wondering why he was not charged with the original, felony offense of Grand Larceny, and why he was not sentenced to any jail time.
We contacted criminal defense attorneys from Westchester who told us that the reduction in DiBartolo’s sentence was not unusual if he had a clean record prior to this incident. And while we cannot look up DiBartolo’s criminal record, many believe that despite a State Comptrollers’ investigation, a civil lawsuit filed against him for anti-semetic behavior, and accusations from more than one female that DiBartolo impersonated a polilce office in a Town vehicle and pulled them over, none of these incidents ever materialized into criminal charges.
The criminal attorneys we spoke to said the primary factor that DA Mimi Rocah, and Assistant District Attorney Livia Rodriguez took into account was the criminal history, or lack thereof, of DiBartolo, and that resulted in what many see as a slap on the wrist of a disposition.
We also found out that even if the felony charge of Grand Larceny had remained, DiBartolo would not have been sentenced to jail time, based on this being his first criminal offense. And the dollar amount of good stolen, less than $15,000, did not play a role in the determination of punishment.
Some of our readers may have been misled by the names of the criminal charges against DiBartolo, with Grand Larceny sounding much more serious than Petty Larceny, But DiBartolo was charged with 4th degree Grand Larcey, which is a class D felony, and one of the less serious felony charged.
“Petty larceny to me seems like someone getting arrested for stealing a pack of gum from the candy store,” said Fred, one of our readers from Yorktown.
Another reader spoke truth about why it may appear that DiBartolo got off easy. “For all of the shameful things he has done, someone needed to come forward and press charges, and try to get his crimes on the record. If that had happened, then the final result may have been different,” said Sally V. from Yorktown.
Some Yorktown residents felt that DiBartolo “was embarassed by his crime and this will follow him around. Everyone in Yorktown knows what he did. He is a millionaire and he was stealing from Home Depot. What a low life I hope his friends in Yorktown politics are embarrassed by him.”
“It’s not DA Rocah’s fault that DiBartolo didn’t have a record. And she certainly did not do him any favors for political reasons. They are on opposite sides of the spectrum. I do wonder what would have happened if a black man were arrested under the exact same circumstances, would the justice be the same? And where will he be doing his community service, at Trump Park in Yorktown? Or in South Yonkers? “asked Tony J. from Somers.
Finally, Mr. DiBartolo’s troubles stemming from Home Depot may be over, but other investigations continue. According to the DA’s office, “The Home Depot case has concluded, but other investigations related to positions held or businesses owned remain ongoing.”
