Children Sue Ex-Deputy Suspected In Wife’s Death They Had Expressed Fear For Safety When Father, Dibartolo, Was Free Earlier
The children of accused wife-killer Tom DiBartolo have filed a wrongful death lawsuit against their father.
Michelle Robinson, 21-year-old daughter of murder victim Patty DiBartolo, filed the suit Friday in Spokane County Superior Court.
Robinson is named as the personal representative of her mother’s estate. She is seeking damages on behalf of four younger siblings: Jonathan, 12; Lindsay, 10; Nicholas, 18; and Katrina, 15.
The suit drives another wedge in the DiBartolo family nearly a month before the former Spokane County sheriff’s deputy stands trial for murder.
Nicholas DiBartolo and Robinson expressed fear for their safety when a judge initially set conditions on their father’s jail release prior to trial.
The suit accuses Tom DiBartolo, 42, of “negligently, carelessly and recklessly” causing the death of his wife of 19 years.
DiBartolo should compensate his children for a variety of emotional and monetary losses, according to the suit.
Patty DiBartolo died last November of a gunshot at Lincoln Park. Detectives say Tom DiBartolo killed her with her own gun, then intentionally wounded himself to buttress a story that they were attacked by robbers.
DiBartolo is back in the county jail, placed there two weeks ago after violating his release conditions.
The wrongful death suit could still proceed against DiBartolo even if a jury finds him not guilty of the murder.
As in the O.J. Simpson case, heirs of a murder victim can seek a jury verdict against someone who was not convicted of the crime.
In a civil suit, the jury would only have to reach a decision based on a “preponderance of evidence.” In a criminal trial, the burden is proving the charge “beyond a reasonable doubt.”
DiBartolo’s attorney, Maryann Moreno, declined to comment on the suit Friday.
The attorneys filing the suit, Mark Iverson and Phillip Wetzel, could not be reached for comment.
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