Sweetser Wants Dibartolo To Get 50 Years ‘Betrayal Of Trust’ Deserves Extra-Long Term, Say Prosecutors

Prosecutors say former sheriff’s deputy Tom DiBartolo deserves a 50-year prison term because of his “betrayal of public trust.”

DiBartolo is scheduled to be sentenced Jan. 21 in Spokane County Superior Court. A jury last month convicted him of first-degree murder for shooting his wife in a South Hill park on Nov. 2, 1996.

In their written request for an exceptional sentence filed this week, Prosecutor Jim Sweetser and Deputy Prosecutor Larry Steinmetz said DiBartolo used his knowledge as a law enforcement officer “to attempt to get away with the perfect crime.”

Sweetser said DiBartolo, 43, deserves twice the standard murder sentence because he planned and executed the killing by using insights gained as a longtime deputy.

DiBartolo tried to conceal the crime, and frustrated detectives by giving them sketchy descriptions of two men he claims were responsible for the killing, and by moving his wife’s body from the crime scene, Sweetser said.

“Taken together, this makes it more egregious than a normal premeditated murder,” Sweetser said Thursday.

Defense attorney Maryann Moreno could not be reached for comment. She said previously that the standard sentence of 20 to 26 years for first-degree murder is adequate punishment.

Superior Court Judge Neal Q. Rielly can go beyond a standard sentence if he finds “substantial and compelling” reasons for harsher punishment.

Sweetser said his recommendation for a 50-year term came from using the “Minnesota guideline.” In that state, no exceptional sentence can be more than double the usual term.

“We decided to use that doubling rule to get a suggested sentence we feel is appropriate,” Sweetser said.

Sweetser said DiBartolo’s crime had a significant impact on the community - because of possible racial divisiveness and because his actions could have undermined public regard for police officers.

After reporting the crime, DiBartolo said he and his wife were attacked at the park by two black men who tried to rob them. Patty DiBartolo was shot in the head and he was shot in the abdomen, causing a minor wound.

The factors Sweetser and Steinmetz cite in support of an exceptional sentence are not among those listed by the state penal code, but judges have discretion deciding which cases deserve special punishment.

Sweetser said he could find no Washington cases in which a police officer faced an exceptional sentence for murder.

The DiBartolo sentencing hearing is expected to take several hours. First, both sides will likely present testimony on facts that were not addressed during the five-week trial.

Moreno, for instance, could offer testimony suggesting DiBartolo’s 19 years as a deputy were marked by heroism while serving with the county’s marine rescue squad.

Sweetser said he would call witnesses to challenge that claim, noting, for example, that DiBartolo spent several years simply as a field training officer with the county.

Following testimony, family members and others will address the judge, asking either for leniency or a severe sentence.

, DataTimes MEMO: This sidebar appeared with the story: WHAT’S NEXT Former sheriff’s deputy Tom DiBartolo is scheduled to be sentenced on a first-degree murder conviction Jan. 21 in Spokane County Superior Court. The hearing is expected to take several hours, and new evidence likely will be presented to the judge.