Family of retiree fatally run over in Woodbury diner lot says drunken driver 'forever changed' their lives

A Wantagh man, whose blood-alcohol level was three times the legal limit when he backed over a retired general contractor in a Woodbury diner parking lot, was sentenced to 15 years in prison Wednesday.

Willem Specht, 63, who had pleaded guilty to aggravated vehicular homicide, assault in the second degree and aggravated drunken driving in August, slammed into Joseph DeVito, 61, on in his 2004 Infinity GS35 on Jan. 18, 2022 in the On Parade Diner parking lot. It was Specht’s third drunken driving conviction.

The maximum sentence for the top charge is up to 25 years but under the plea agreement, the family agreed to 15 years.

Family and friends at the sentencing in Nassau County Court, still grieving the loss two years later, recalled DeVito’s deep Christian faith and generosity.

"To be blunt, I can't think of two more opposite people colliding in such a violent way," his son Anthony DeVito said. He wore a button with his father’s photo on it.

"The defendant is a danger to himself and everyone else around him" he said.

His son called DeVito a "selfless, dedicated family man," active in his church, who would give his time and work to those who need him.

DeVito’s wife, Rose DeVito, said that he befriended so many clients that it became a running joke in the family.

Specht, by contrast, was "selfish" and "reckless," said Anthony DeVito. He said the defendant had refused to take responsibility for his actions and blamed the accident on a malfunctioning car, though mechanical experts could find nothing to support that.

"He could have walked to the diner, rather than drive, all for a cup of soup," the son said. "It has forever changed the trajectory of my family."

For all their grief, the family extended their forgiveness to Specht because they said that’s what DeVito would have wanted.

Specht had been living in a nearby hotel on Jan. 18, 2022, during a drinking binge and admitted taking shots of vodka as soon as he woke up, according to court records.
He told police that he drove to the restaurant a block away to buy soup for lunch around 2:30 p.m.

Assistant District Attorney Michael Bushwack said that he tried to buy a bottle of Johnny Walker Black at the diner, but was rebuffed because of his level of intoxication.

Outside, DeVito, a married builder with four grandchildren transitioning into retirement after decades of work, stood on the sidewalk talking to an old friend he had met for lunch.

Specht admitted speeding backward over the sidewalk, nearly missing the other man, striking DeVito and then going over another sidewalk, hitting a ramp and metal fence then hitting the diner.

DeVito died in Syosset Hospital a short time later.

Nassau Supreme Court Justice Teresa Corrigan had allowed Specht to be released on bail during the trial, but called him a "nasty drunk" and warned him to stay sober.

In July 2024, prosecutors sought to revoke his bail, presenting surveillance video in hearing that showed Specht buying vodka from a liquor store on the day that he was supposed to be in court.

  Prosecutors said, while Specht was out on bail, a local restaurant manager told investigators that he had called the police on Specht for drunkenly harassing staff. Officers had found Specht passed out on the sidewalk a short distance away.

His bail was revoked after the hearing.

At the sentencing, Specht, dressed in a blue suit and light blue button-down shirt, watched each family member address the court without expression and then gave his own statement.

"In my defense," he said. "I am a good person who has made some bad decisions. I do take responsibility for those as I do for this."

"It is not the sum total of who I am," he added. "I apologize to you all."

In her sentencing, Nassau Supreme Court Justice Meryl Berkowitz said that she doubted Specht’s sincerity, saying he appeared to be more concerned with spending his retirement behind bars than showing remorse for his actions. Berkowitz also rebuked him for continuing to drink instead of seeking help while he was out on bail.

"It’s just the height of arrogance," the judge said.

Berkowitz turned to the family, offering her condolences and saying how much she regretted not meeting DeVito.

"There’s nothing I can do to bring him back," she said. "There’s nothing I can do to make sense of this because it doesn’t make sense."