Firefighter Avoids Prison In Brutal Domestic Violence Attack

GREENBURGH, NY — A savage act of violence that left a Westchester woman with serious injuries, will not result in jail time for her attacker after a judge denied prosecutors' motion for at least some time behind bars for the fireman convicted in a shocking domestic violence case.

Westchester County District Attorney Susan Cacace announced that a Greenburgh firefighter was sentenced Monday to three years of probation with domestic violence conditions for attacking his former girlfriend inside their shared apartment.

The DA's Office had requested the additional imposition of "shock probation," a small period of incarceration that forms part of the probationary sentence, but Judge James McCarty, who issued the sentence, denied the request.

At a bench trial in June, Judge McCarty convicted 46-year-old Joseph Apostoli, a firefighter with the Fairview Fire Department, in Greenburgh, of two counts of third-degree assault, a class A misdemeanor.

However, the judge acquitted Apostoli of felony second-degree assault, unlawful imprisonment and criminal obstruction of breathing or blood circulation.

Apostoli will have to perform 100 hours of community service and provide approximately $1,600 in restitution to the victim for her medical expenses. A permanent order of protection was also issued on behalf of the victim.

"Domestic violence is a scourge that affects everyone, no matter their circumstance or lot in life," DA Cacace said. "Working to eradicate domestic violence by prosecuting abusers and empowering survivors is and will remain the guiding principle for my administration."

The district attorney said that on April 11, 2024, during a domestic dispute, Apostoli slammed the victim to the floor of their bedroom. He then carried her to the living room and threw her to the floor again, and struck her about her head.

The victim is 4'10" and around 100 pounds, while Apostoli is 6'2" and almost 300 pounds, according to the DA.

The victim received serious injuries from the attack, including a rib fracture, a partially collapsed lung and bruising to her body and face.

"Although I work diligently to reclaim my life, the memories of that night constantly haunt me, triggered by the simplest reminders," the victim wrote in a statement read to the court. "I find myself questioning: ‘Why did this happen to me? What did I do to deserve this suffering? I wish for understanding, but the answer is, I may never know."

The investigation was conducted by the Westchester County Department of Public Safety. The case was prosecuted by Sex Crimes and Human Trafficking Bureau Chief Michelle Lopez.

"The victim in this case suffered immensely at the hands of Mr. Apostoli, and I am proud of her for summoning the bravery to share her story with police, prosecutors, and the trial court, notwithstanding the court's apparent disregard for portions of her testimony," DA Cacace said at the time of Apostoli's conviction. "My administration remains committed to prosecuting all manner of domestic violence cases. We stand with survivors."

SEE ALSO: 'Guilty,' Greenburgh Firefighter Convicted In Assault On Ex In Dobbs Ferry Home