Former Chiropractor Sentenced In Manslaughter Case
By: Ali Touhey
Updated: January 9, 2013
A Rochester chiropractor who pleaded guilty to driving drunk in a crash that killed a Greece couple was sentenced Wednesday.
Taking responsibility and showing remorse, Stephen Divito addressed the courtroom prior to sentencing.
"I knew it was wrong but I did it anyway," Divito said. "It was not a mistake. It was a terrible tragedy and it was my fault."
"It is very sincere," said defense attorney Ed Fiandach. "I mean he's been taking full responsibility, quite frankly, since the day I had to tell him in the hospital that he killed two people."
Patricia Traybold Depinto and Jim Depinto died during the crash at the intersection of the Ontario County State Parkwway and Route 259 in November of 2011. Divito asked to face the victims' families as he read his statement. Judge Joanne Winslow denied his request.
"They (Mr. and Mrs. Depinto) really went out there and did everything within their power to make this community a better place," said Monroe County Assistant District Attorney Raymond Benitez. "Unfortunately, they left a little too early."
Divito had three previous alcohol related convictions. Each were reduced to lesser charges. Divito's attorney believes that the repeat offenses indicate a flaw in the system.
"More could have been done if the alcohol rehab program in this state were better for people that are charged with drunk driving," Fiandach said.
"I don't think the system failed, necessarily." responded Benitez. "I think he made conscience decisions to do what he did like any other criminal."
Although Divito received a five to 15 year sentence, there is a possibility that he could serve just 6/7ths of the five sentence. Based on his prior convictions, prosecutors say an early release isn't likely.
Taking responsibility and showing remorse, Stephen Divito addressed the courtroom prior to sentencing.
"I knew it was wrong but I did it anyway," Divito said. "It was not a mistake. It was a terrible tragedy and it was my fault."
"It is very sincere," said defense attorney Ed Fiandach. "I mean he's been taking full responsibility, quite frankly, since the day I had to tell him in the hospital that he killed two people."
Patricia Traybold Depinto and Jim Depinto died during the crash at the intersection of the Ontario County State Parkwway and Route 259 in November of 2011. Divito asked to face the victims' families as he read his statement. Judge Joanne Winslow denied his request.
"They (Mr. and Mrs. Depinto) really went out there and did everything within their power to make this community a better place," said Monroe County Assistant District Attorney Raymond Benitez. "Unfortunately, they left a little too early."
Divito had three previous alcohol related convictions. Each were reduced to lesser charges. Divito's attorney believes that the repeat offenses indicate a flaw in the system.
"More could have been done if the alcohol rehab program in this state were better for people that are charged with drunk driving," Fiandach said.
"I don't think the system failed, necessarily." responded Benitez. "I think he made conscience decisions to do what he did like any other criminal."
Although Divito received a five to 15 year sentence, there is a possibility that he could serve just 6/7ths of the five sentence. Based on his prior convictions, prosecutors say an early release isn't likely.
