Joseph Devito, 61, was struck and killed outside the diner on Jericho Turnpike on Wednesday, January 18, 2023.
He had just left the On Parade Diner and was saying goodbye to his lifelong friend.
The fatal crash happened at 2:32 p.m., yet prosecutors say 63-year-old Willem Specht was already drunk and his blood-alcohol level was more than twice the legal limit.
An ambulance rushed the victim to Syosset Hospital where he later died.
"Joseph was a husband, a father, a grandfather, and a friend to many. His family has endured immeasurable heartbreak because of this defendant's reckless and entirely preventable actions. Our thoughts remain with Joseph's family as his killer faces accountability for this tragedy," Nassau County District Attorney Anne Donnelly said.
After hitting Devito, the prosecutors say Specht continued to drive his 2004 Infiniti G35 in reverse and drove over another sidewalk, striking a ramp and a metal fence leading into the diner. He continued in reverse and struck the exterior wall of the diner.
Specht then drove forward and stopped his car in a parking spot in the direction where he originally came from. He exited his car, stood in the diner's parking lot for a short period of time, and then attempted to leave the scene but was stopped by a witness. Specht was arrested on the scene by police once they arrived and he faced numerous charges.
Specht pleaded guilty to second-degree aggravated vehicular homicide, assault, and aggravated DWI.
"He's just a sad person, he's a man who obviously been an alcoholic all his life and just a sad human being," said Devito's widow Rosemary Devito.
Devito's son, daughter and wife of 40 years -- his high-school sweetheart -- spoke about how he was a successful construction contractor and a man of faith.
"We were just hoping for this, we've been obviously building up to this moment and that we think justice was served," said son Anthony Devito.
Specht apologized to the Devito family at his sentencing and his attorney spoke briefly outside of court.
"My client has always articulated his desire to accept responsibility which is what he did here today," said defense attorney Steve LaMagna.
Now the victim's widow is left clinging to her faith.
"His teaching and the fact that we're all forgiven, we need to forgive, so and it's a day-to-day process," Rosemary Devito said.
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