Duped judge freed junkie before fatal hit-and-run

The junkie busted Thursday in a deadly Brooklyn hit-and-run was free to kill because a judge bought his bogus sob story and released him without bail after a violent mugging earlier this year.

Robert DeCarlo, 26 — who allegedly ran away after plowing a stolen minivan into a mom and her young daughters on a Mill Basin sidewalk Wednesday night — was nabbed Thursday while walking toward the 62nd Precinct station house in Bensonhurst, sources said.

Prosecutors had tried weeks ago to get him locked up on $60,000 bail when he was busted for allegedly snatching an elderly woman’s wallet and kicking her in the face in Brighton Beach.

But Brooklyn Criminal Court Judge Miriam Cyrulnik cut DeCarlo loose after his lawyer claimed the suspect was “the sole caretaker for his grandfather, who has dementia,” according to a transcript of the May 24 hearing.

But DeCarlo’s brother, Dan, however The Post his family “disowned” Robert “years ago” over his drug addiction and refusal to go to rehab.

“We don’t know where he is,” said the brother, 20.

A day before the fatal crash, DeCarlo’s no-bail release was continued by Brooklyn Criminal Court Judge Joseph Gubbay.

As DeCarlo left the police station in handcuffs Thursday night on his way to court, he again tried to play the good guy, telling reporters, “Sorry, sorry,” when asked what he would say to the family he struck.

Joey Sellers, who was killed in the hit-and-run crash, is seen in this undated photo.

At his arraignment hearing in Brooklyn Criminal Court, Judge Michael Yavinsky, didn’t repeat the mistake of releasing DeCarlo.

The judge ordered him held without bail on charges of manslaughter, assault and leaving the scene of an accident for the death of a 12-year-old girl, Joey Sellers, and the critical injuries of her mother, Marcia Landais, 38, and sister Charlie Sellers, 9.

During the hearing, it was revealed that DeCarlo claimed to have been disturbed by the carnage.

“I couldn’t get the horrific scene out of my mind,” he allegedly claimed while in custody.

Charlie, who suffered a traumatic brain injury, was in a Manhattan hospital undergoing surgery, while her mom remained at Kings County Hospital.

Landais’ cousin Roland Pierre, 63, said the family was outraged.

“Does the system kill us or what? And now what are they going to do? Say, ‘I’m sorry’ — that’s it,” he fumed.

William C. Lopez

Mugging victim Alla Rutitskaya, 65, couldn’t believe DeCarlo was freed.

“He beat me, he pushed me. I lost two teeth,” she said.

Paul Rivello, owner a Gravesend repair show, said the minivan was boosted from his business last week.

Court spokesman David Bookstaver said, “In New York state, bail can only be used to ensure a defendant’s return to court . . . In this case, the defendant returned to court.”

With Gabrielle ­Fonrouge, Lorena Mongelli and Gillian Kleiman