SPOKANE, Wash. — A judge corrected an error in the sentence for a former Spokane County deputy who killed his wife in 1997.
Tom DiBartolo appeared in court Wednesday to make a correction to the terms of his sentence. He was convicted of murdering his wife at a park on Spokane’s South Hill in 1997.
His sentencing allows for early release after 20 years on good behavior. Court documents said his current estimated release date is February 21, 2020.
The Sentencing Reform Act of 1981 requires courts to add 24 months of community placement and custody to the applicable offender's sentencing terms. This was never mentioned in DiBartolo's terms.
DiBartolo argued the court could not correct that error and enforce it because of the error. He wants to be released without supervision in February.
On Wednesday, a judge ruled upon Dibartolo's Feb. 21 release, he will be put into community custody under Washington Department of Corrections supervision.
The judge wanted to be thorough and accurate in the amount of time DiBartolo would be in community placement. He made a contingent ruling of two years or earned release time—whichever is greater.
Dibartolo is still going to be released in February. He will have to report to a DOC supervisor and work in approved DOC jobs. He will on allowed to live in Spokane County.
Spokane County court documents show the state filed a motion on Oct. 30 to correct DiBartolo's judgment and sentence. According to the motion, the Washington Department of Corrections informed the state his judgment and sentence failed to address the required community placement.
DiBartolo has served his 26-year sentence at a Rhode Island prison.
