Deal Reached In NY Insurance Fraud Car Fatality

Dec. 05--LOCKPORT -- Prosecutors and attorneys for Anthony DiFilippo have reached agreement on a plea deal in his insurance fraud case.

But the details won't be known until DiFilippo actually takes the plea.

"We have a preposed disposition, but it's going to require some additional paperwork," Assistant District Attorney Joel Grundy told State Supreme Court Justice Richard Kloch Sr.

Kloch adjourned further proceedings in the case until Dec. 13.

Outside the courtroom, defense attorney Justin Ginter said he couldn't comment on the plea deal until "(he and his client) have gone over all the details."

DiFilippo is accused of violating the terms of a probation sentence by committing insurance fraud after serving six months in jail for his role in a fatal hit-and-run accident.

Negotiations on a plea have already led DiFilippo's defense team to waive a hearing on the admissibility of statements he made to Niagara County Sheriff's Office investigators looking into the alleged insurance fraud.

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.

Kalish, who was the only witness to the crash, was not able to provide a good description of the vehicle that hit Fischer because it was dark at the time of the incident. Fischer died a short time later as a result of the injuries he suffered in the crash.

Investigators believe Fischer was struck by the front passenger-side of the vehicle in the area of the headlight and/or hood. Evidence recovered at the scene suggested the vehicle was likely a white or grey sedan.

Prosecutors and investigators said they believe DiFilippo's texting on his cell phone caused the accident.

DiFilippo claimed that he panicked after hitting Fischer and then drove away. He later repaired the damage to his car to cover up the accident.

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