Posted at: 10/09/2012 11:46 AM
By: Nikki Rudd
It’s been almost a year since a crash that killed a couple from Greece and prosecutors say an Irondequoit chiropractor is to blame.
On Tuesday, Dr. Stephen Divito was back in state supreme court in Rochester. He’s facing eight charges including aggravated vehicular homicide.
Police say he was drunk and speeding last November when he hit a car in Parma. Jim and Pat DePinto were killed in the crash.
On Tuesday in court, Judge Joanne Winslow reopened a hearing to decide if police complied with the law to get a blood test from Divito. According to prosecutors, it was nearly two times the legal lime. But Divito’s defense attorney says getting a warrant for a blood test included hearsay from unknown sources and shouldn’t be allowed a trial.
Ed Fiandach, Defense Attorney, said, “The DePinto vehicle pulled directly in front of Mr. Divito’s vehicle. Mr. Divito had the right of way at the time. The only real strong proof that they have is the 0.14% blood alcohol content, although, we don’t think that in anyway caused the accident.”
Ray Benitez, Monroe County Assistant District Attorney, said, “This went before the grand jury and there was sufficient evidence to indicate that the cause of the death of those two individuals, the DePintos, was the direct result of the individual's state of intoxication.”
The hearing is schedule for Friday morning. Meanwhile, Divito is out of jail and still practice as a chiropractor. His trial is set for October 29.