Deal possible for fatal hit-and-run driver in insurance fraud case

Oct. 17--LOCKPORT -- A plea deal could be in the works for a Wheatfield man accused of violating the terms of his probation by committing insurance fraud after serving six months in jail for his role in a fatal hit-and-run accident.

Niagara County prosecutors and an attorney for Anthony DiFilippo told State Supreme Court Justice Richard C. Kloch Sr. that they had "had some discussions on a plea in this case."

Those discussions led DiFilippo's defense to waive a scheduled hearing onTuesday on the admissibility of statements he made to Niagara County Sheriff's Office investigators.

"I believe we've taken significant steps toward the resolution of this matter," defense attorney Justin Ginter told Kloch.

The justice set a hearing for Nov. 9 for Ginter and prosecutors to report back on the status of plea talks.

DiFilippo, 42, of Michael Drive, is serving five years of probation following a six-month jail term for his conviction on a charge of attempted leaving the scene of a fatality crash. He had been charged with leaving the scene of a fatality crash, tampering with physical evidence, failure to exercise due care for a pedestrian and texting while driving in connection with the November 2014 crash that took the life of Ryan Fischer, 16, of North Tonawanda.

He now faces accusations that he inflated an insurance claim that he filed after Fischer's mother rammed his garage door with her car and damaged his vehicle. The mother was reportedly intoxicated when she drove into DiFilippo's garage.

DiFilippo has pleaded not guilty to charges of fourth-degree insurance fraud, attempted fourth-degree grand larceny and filing a false statement, in addition to a violation of probation claim.

Investigators charged that DiFilippo was behind the wheel of the car that struck Fischer as he was walking with his girlfriend, Leeza Kalish, in the 2900 block of Krueger Road just after 7 p.m. on Nov. 20, 2014. The crash took place near the entrance to the parking lot of the St. Johnsburg Fire Co.

DiFilippo's car was traveling westbound on Krueger Road when he hit Fischer. The North Tonawanda teen and Kalish were also walking westbound.

___

(c)2018 the Niagara Gazette (Niagara Falls, N.Y.)

Visit the Niagara Gazette (Niagara Falls, N.Y.) at www.niagara-gazette.com

Distributed by Tribune Content Agency, LLC.