Man accused of assault waives hearing

David Diliberto, 32, faces trial for alleged domestic incident

LANSDALE >> A Lansdale man accused of beating up his wife because her cellphone was too loud is headed for trial on two of three criminal counts after waiving his preliminary hearing in the case.

David Philip Diliberto, 32, of the 900 block of West Third Street — who is free on $5,000 unsecured bail — appeared in Lansdale district court on Friday and waived the proceedings. Prosecutors withdrew a summary harassment charge, but misdemeanor counts of simple assault and disorderly conduct were waived to Montgomery County court for trial, records indicate.

Police said in a criminal complaint that around 1 a.m. on July 15, a woman came to Lansdale police headquarters to report a domestic violence incident involving Diliberto, her husband, that had occurred a couple of hours earlier.

The woman provided a statement to investigators alleging that she and Diliberto got into an argument over the volume of her cellphone, and when Diliberto tried to take the phone from her, she refused to hand it over, according to court documents.

Diliberto, who was standing behind his wife, then stuck his fingers in her mouth and pulled her head back, so she bit her husband’s fingers to get him to stop, at which point he began “bashing” her in the head five to eight times with “a good amount of force,” the complaint states.

Police observed a large amount of swelling on the woman’s forehead, documents state. Cops then went to Diliberto’s home and took him into custody.

Formal arraignment in county court has been set for Sept. 14.