LOCKPORT – The only plea offer available so far for a man accused of killing a teenage pedestrian in Wheatfield in 2014 is to plead guilty to the most serious charge in the indictment.
Niagara County Deputy District Attorney Theodore A. Brenner said in State Supreme Court Friday that his offer to Anthony J. DiFilippo, 40, of Michael Drive, Wheatfield, is to plead guilty to leaving the scene of a fatality, a felony with a maximum seven-year prison sentence. Justice Richard C. Kloch Sr. gave DiFilippo and defense attorney Thomas J. Eoannou until March 16 to think it over. If there is no plea, a hearing will be held that day on the admissibility of DiFilippo’s statements to police. The trial is scheduled for April 18.
DiFilippo allegedly was texting while driving when he struck Ryan Fischer, 16, on Krueger Road on the night of Nov. 20, 2014. He also was indicted on a charge of tampering with physical evidence for having his car repaired after the accident, as well as two traffic violations: texting while driving and failure to exercise due care for a pedestrian. The victim, knocked unconscious, was struck from behind and died the next day. DiFilippo is free on $10,000 bail.