Man Sentenced for Driving Drunk and Causing Deadly Crash
A Rochester chiropractor who drove drunk and killed two people was sentenced Wednesday.
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Stephen Divito's blood-alcohol content was nearly double the legal limit when a court-ordered blood draw was taken some two hours after he plowed his SUV into a car
on the Lake Ontario State Parkway more than a year ago. A Parma couple died in that wreck.
Divito was sentenced Wednesday to five to 15 years in New York State prison.
Jim and Pat DePinto had gone for a drive on the afternoon of November 5th, 2011, to check out fall foliage, according to Pat's daughter. When they pulled onto the parkway, they were struck by a Chevy Tahoe traveling an estimated 85 miles an hour.
Driver Stephen Divito then continued on, later crashing into a tree and seriously injuring a passenger.
In court, Pat DePinto's daughter and her brother described the couple's loss and how it has devastated the family.
Divito apologized to the family and accepted full responsibility, saying "I can't imagine the pain I caused your family." He went on to say, "it's my fault."
"I think he made conscious decisions to do what he did, like any other criminal. Remember, DWI is a crime, and you're considered a criminal when you violate the laws; whether they're vehicle law or penal law, it is a crime," said Raymond Benitez, prosecutor.
"He has taken full responsibility since that moment. I've never seen any effort to waylay his own responsibility," said Ed Fiandach.
Divito's attorney, Ed Fiandach, said in court that alcoholism on his client's behalf played a role. He asked that a judge sentence Divito to some court-ordered treatment program.
Joanne Winslow denied that request, saying that if she were to grant it, it could result in a reduction in time Divito spends behind bars.