A State Supreme Court justice admonished Anthony J. DiFilippo for bringing personable items to his weekend stays in Niagara County Jail but allowed him to continue his six-month sentence.
DiFilippo was sentenced June 25 to six months in jail for padding an insurance claim on damage to his car that occurred in 2017. He also admitted on that date to violating his probation for killing Ryan Fischer, 16, in a hit-and-run on Krueger Road Nov. 20, 2014.
State Supreme Court Justice Richard C. Kloch, Sr. sentenced DiFilippo, 44, of Michael drive, to five years probation, with the first six month served in Niagara County Jail, for his May 2016 conviction of attempted leaving the scene of a fatal accident.
DiFilippo's car was damaged when the dead boy's mother, Lisa Fischer, rammed his garage door in March 2017. According to the Niagara County Sheriff's Office, Lisa Fischer was drunk and had tried to run over DiFilippo but he stepped out of the way.
Supreme Court Justice Richard C. Kloch, Sr. told DiFilippo not to bring a pillow or blanket to the jail, saying, "This isn't Club Med."
"Do what your attorney asked me," Kloch said. "Do your time. Get it done."
His defense attorney, Herbert Greenman, said DiFilippo missed one weekend in jail because he was ill with shingles.
Assistant District Attorney Joel Grundy said previously prosecutors agreed to the weekends in jail sentence so that DiFilippo could pay the $5,415 in restitution owed to the Crime Victim’s Board, as reimbursement for a payment to the Fischer family for Ryan’s death. If DiFilippo does not complete his restitution payments by next June, he could face up to four years in state prison for his probation violation.