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Plea deal may be coming in fatal Wheatfield hit-run accident

LOCKPORT – A scheduled April 18 trial has been canceled for a man charged in a hit-run accident that killed a teenager in Wheatfield in 2014, and a plea bargain may be in the works.

After a meeting Friday between the attorneys and State Supreme Court Justice Richard C. Kloch Sr., the trial of Anthony J. DiFilippo, 40, of Michael Drive, Wheatfield, was called off. Instead, he was scheduled for an April 28 court appearance.

On Feb. 19, Acting District Attorney Theodore A. Brenner had said he could offer DiFilippo only a plea to the most serious charge in the indictment, leaving the scene of a fatality without reporting, which carries a maximum seven-year prison sentence. Brenner and defense attorney Thomas J. Eoannou huddled with Kloch Friday.

DiFilippo is accused of texting while driving when he allegedly struck and killed Ryan Fischer, 16, from behind on Krueger Road in Wheatfield on the night of Nov. 20, 2014. DiFilippo wasn’t charged until September 2015, although a search warrant was executed on his car, which had been repaired, a month after the accident.

Fischer, who was wearing dark clothing, apparently was walking with his girlfriend in the traffic lane because Krueger Road at the time had no shoulders, just a deep drainage ditch that has since been filled in.