Verdict brought ‘Justice 4 Timmy’
They waited more than four years for “Justice 4 Timmy” and when it came in the form of a jury’s verdict, their tears flowedand they could no longer control their emotions — relief was mixed with sadness about the boy they lost.
“I’m still in shock, I guess. The shock of losing Timmy is never going to go away. We’re going to live with that there st of our lives. So, it’s still going to be a battle going forward but at least our family can have a little bit of peace knowing his killer is behind bars ,” Renee Paciello, the griefstricken mother of 16- year-old Timothy Anthony Paciello Jr., said late Wednesday.
After a three-day trial, a Montgomery County jury deliberated 90 minutes Wednesday evening before convicting Robert Norman Sitler, 47, formerly of the 300 block of Countryside Court, Perkiomen Township, of a felony charge of homicide by vehicle in connection with the 8:55 p.m. Nov. 12, 2012, crash that claimed the life of Timothy, who was crossing East High Street near Sunnyside Avenue in Lower Pottsgrove.
As the jury foreman stood and announced “Guilty,” an anxious Renee Paciello and other relatives and friends, said their thoughts were of Timothy.
“I was thinking Timmy deserves that justice, he deserves it,” said Renee Paciello, of Lower Pottsgrove.
“And he got it, finally,” added Laura Dolt, Timmy’s adoptive grandmother, her voice quivering with emotion. “How could you not think of Timmy at that time. Thank God, Timmy can finally rest peacefully and the family can have a little bit of calm, a little bit of peace. We can take a deep breath.”
Wearing purple clothes in recognition of Timothy’s favorite color, the teenager’s brother, sister, girlfriend, uncles, aunts, cousins and numerous friends said they will never forget his sense of humor and his smile.
“Hewas the nicest, kindest kid you could ever meet. I’ll remember his funny humor, how he was with everyone, joking, laughing, just always smiling, always there to help someone else, wouldn’t hurt a fly,” said Radeanna Paciello, Timothy’s sister, adding she was “relieved” by the verdict. “I can finally breathe.”
Jason Paciello, who was in eighth grade when Timothy died, said he’ll remember “a lot of things” about his older brother.
“I’ m going to remember his laugh, the way his smile was, just everything about him. He kind of molded me into the person that I am today,” said Jason Paciello, now 17 and a senior in high school.
“Like all my other grand babies, he’s my heart and soul, I’ll never forget him,” an emotional Dolt added. “Timmy’s not the kind of person that you can forget. You could never forget Timmy, never forget him.”
At the time he was killed, Timothy was on his way home from his girlfriend’s house as he attempted to cross East High Street, fromthe Sunoco stationside of the street to the shopping center side, according to trial testimony.
While she was pleased with the verdict, Alyssa Hans berry, Timothy’s girlfriend, said “it won’t bring Timmy back.”
“He was the most kindhearted, beautiful individual. He would give the clothes off his back for anybody. He was funny, always trying to make everybody laugh. He was just
genuinely a good, pure soul,” Hansberry said.
During the trial, the Paciello family and Hansberry wept as prosecutors played for the jury video footage, captured by surveillance cameras at the near by Sunoco station, that depicted Timothy’s final moments as he traveled on foot to get to East High Street. While the actual impact was out of range of the camera, the footage did record the aftermath.
“I can’t get it out of my head,” Hansberry said sadly.
Investigators determined Paciello was able to make it halfway across East High Street and was standing in the center left turn only lane, waiting for eastbound traffic to clear, when he was struck by the westbound pickup truck operated by Sitler.
Authorities alleged Sitler, who was tailgating a westbound minivan, pulled into the center left turn only lane and accelerated to improperly pass the minivan when its driver activated a turnsignal to turn right onto Sunnyside Avenue. Sitler struck Paciello with the front center of the Silverado in the lane not meant for passing, according to testimony.
Detectives alleged Sitler was traveling a minimum of 50mph at the time of impact. The posted speed limit in the area is 35mph. Timothy died from “multiple blunt impact injuries,” a detective testified.
With its verdict, the jury determined Sitler, also formerly of Hatfield, acted recklessly by violating various traffic laws and caused the fatal pedestrian crash. Judge Garrett D . Page, who presided over the trial, also convicted Sitler of numerous traffic violations including reckless driving, speeding, disregarding traffic lane and passing improperly.
Sitler, who remains in jail pending sentencing, faces a possible maximum sentence of 3½ to seven years in prison on the charge when he’s sentenced later this year. Assistant District Attorney Lauren Her on vowed to seek “asignificant sentence” against Sitler.
“I’m very pleased with the verdict. It’s been a long time for the Paciello family and all of the friends of Timothy, so I’m really ecstatic right now,” Heron said after the verdict.
The Paciello family anxiously waited for justice for more than four years as Sitler’s trial was delayed by pretrial issues involving the admissibility of Sitler’s troubling driving history and alleged alcohol consumption prior to the crash. During many of the pretrial hearings and at candlelight vigils, relatives and friends wore purple shirts embossed with the words “Justice 4 Timmy.”
Last July, prosecutors won an important Pennsylvania Superior Court battle that allowed them to reveal to the jury that Sitler had a 2006 vehicular manslaughter conviction stemming from a fatal crash in Baldwin County, Alabama, in 2004.
Heron relied on Sitler’s prior conviction to demonstrate that Sitler knew that his hazardous driving created a substantial risk of death to others and she argued it was relevant to shown ot only that Sitler knew of the risk, but also that he consciously disregarded it.
The state court upheld a county judge’s previous, separate ruling that barred prosecutors from presenting evidence that Sitler consumed alcohol before the 2012 crash.
Sitler, who allegedly told police that he “had a few beers” before the crash, was not charged with any alcohol-related crimes. Sitler did not undergo any tests for blood alcohol content because Sitler lied at the time of the crash and told authorities his then girlfriend, Denise Dinnocenti, was driving the vehicle that struck Timothy Paciello.
Sitler later told police he drank about three 12 ounce cans of beer sometime between 5:30 and 7 p.m. prior to the crash, court documents indicate. However, Sitler’s admission was not sufficient evidence to also charge him with DUI in connection with the fatal crash.
Sitler did not testify during the trial and refused to look at the jury as the verdict was announced. But defense lawyer Scott C. McIntosh argued the incident was an unavoidable accident that involved a pedestrian who was wearing dark clothing and standing in the middle of the road and not at a crosswalk.
“This was a 100 percent avoidable catastrophe,” countered Heron, who argued at trial that Sitler’s speeding, driving recklessly and making an improper lane change culminated in Timothy Paciello’s death. “It was dangerous andit’s deadly. That’s the case we heard.”
Several days after the crash, Sitler admitted to being the driver and claimed he did not want to get into trouble because of his driving history.
Dinnocenti, 47, of Collegeville, who broke ties with Sitler and testified against him, previously pleaded guilty to obstructing administration of law, insurance fraud and related charges, admitting she lied to police and insurance officials when she claimed she was operating the vehicle that fatally struck the teenager. Last year, Dinnocenti was sentenced to three years’ probation and 75 hours of community service for her role in the cover-up.
“I thank God that he gave the jury the wisdom to go through the lies and justice is going to be served and no more lives I’m hoping will be taken by this man. I hope, at sentencing, he spends the rest of his life in jail,” Renee Paciello said.
Sitler is currently serving a six-to-12-year state prison term on illegal gun possession and witness intimidation charges in connection with other incidents that occurred between 2012 and 2015.