Upper Chi man resentenced in 2018 DUI crash with nuns
MEDIA COURTHOUSE » An Upper Chichester man who was sentenced to 11½ to 23 months at the county jail earlier this month on a probation violation for selling narcotics and marijuana out of his home while under supervision for a 2018 DUI crash had to be resentenced Monday due to technical issues.
In imposing the sentence March 8, Common Pleas Court Judge Margaret Amoroso gave Dylan J. Dostellio 11½ to 23 months on one of four charges of aggravated assault by vehicle while driving under the influence.
Amoroso also imposed a fouryear probationary period on another aggravated assault charge, but failed to impose any sentence at all on two other identical charges which were still running.
A DrugScan report found Dostellio had used clonazepam, marijuana and cocaine prior to the head-on crash involving a car full of nuns on Dec. 10, 2017. He entered open guilty pleas in 2018 to four counts of aggravated assault by vehicle while driving under the influence and related charges in that case – one charge for each passenger in the other vehicle.
Dostellio, 25, of the 300 block of Johnson Avenue, received an original sentence of intermediate punishment in that case. The nuns, members of the Sisters of the Holy Family of Nazareth religious order, did not seek any restitution or prison time. The other driver, Sister Mary Anthony, said at sentencing in December 2018 that all four had forgiven Dostellio for his actions and even offered to help guide him on his journey.
Common Pleas Court Judge Barry Dozor ordered Dostellio at that time to serve 15 consecutive weekends at the county prison and 60 days of electronic home monitoring, as well as four years of consecutive probation.
Dostellio was arrested again Sept. 24, 2020, by members of the Delaware County Criminal Investigation Division Drug Task Force after officers obtained a Snapchat video that showed him displaying numerous marijuana plants and cannabis-infused gummy worms in his home for sale.
The Snapchat video showed Dostellio displaying a drawer full of packaged edible cannabis-infused products and clear vials of assorted pills while saying, “Come shop,” according to an affidavit of probable cause. He also displayed a bottle of liquid saying, “I’ll let it go for 80, come shop with me,” and displayed a handgun under his neck after saying, “Making this money,” the affidavit says.
Dostellio pleaded guilty to one count of possession of a controlled substance with intent to distribute in the drug case. Under the plea deal worked out by defense attorney Richard Daubenberger and Assistant District Attorney Anne Yoskoski, Dostellio will serve four years of probation, three if there are no further violations.
Assistant District Attorney Christopher DiRosato said Monday that Dozor had actually imposed sentences for all four aggravated assault charges in 2018, but three were identical and running concurrently.
DiRosato suggested that Amoroso impose consecutive sentences of 1 to 2 years for each of the other two charges, which would mean 2 to 4 years of state time. He said Dostellio had already blown the opportunity Dozor handed him in 2018 and he believes he will do so again.
Amoroso was incredulous at the March 8 sentencing that Dostellio failed to complete several aspects of his original probation, including completing safe driving school and community service, and that he had paid only $280 toward restitution, with $3,890 outstanding.
Daubenberger noted at that time that Dostellio had completed outpatient treatment in November 2020, as outlined in the original order, and Dostellio apologized to the court several times.
Amoroso said during Monday’s hearing that she was not convinced doing state time is much different than county time from the perspective of the defendant and wanted to keep the current amount of incarceration the same. Dostellio still has about seven months of that minimum left, according to Daubenberger.
Amoroso instead imposed a lengthier probationary period of six years, but – as she had previously – warned Dostellio to stay on the right side of the law or he would not like what happens to him the next time he comes before her.
“If county incarceration doesn’t dissuade, then I’m stuck with that,” she said. “Although, I’m not disinclined to add the probation because you can rest assured that if Mr. Dostellio violates – will I send him to state prison? You can bet on it.”