Metro

Suspect wanted for killing girl in hit-and-run was in court 2 days ago

William C. Lopez
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 in a violent mugging earlier this year.

Robert DeCarlo — who ran away after plowing a stolen minivan onto a Mill Basin sidewalk Wednesday — was nabbed by cops while walking toward the 62nd Precinct in Bensonhurst, sources said.

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

But Brooklyn Criminal Court Judge Miriam Cyrulnik cut DeCarlo loose after his lawyer claimed DeCarlo, 26, was “the sole caretaker for his grandfather who has dementia,” according to a transcript of the May 24 hearing.

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

“We don’t know where he is,” said Dan DeCarlo, 20, who lives with the grandfather.

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

NYPD
Charges were pending Thursday night against DeCarlo in the death of 12-year-old Joey Sellers, who was pinned under the stolen Dodge Caravan along with her mother, Marcia Landais, 38, and younger sister Charlie Sellers, 9.

Charlie, who suffered a traumatic brain injury, was transferred Thursday to Columbia Presbyterian Hospital in Manhattan for neurosurgery, while her mom remained at Kings County Hospital.

Landais’ cousin, Roland Pierre, 63, said her 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.

Mugging victim Alla Rutitskaya, 65, couldn’t believe that DeCarlo was freed after getting busted in her case.

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

Paul Rivello, owner of Tommy’s Auto Repair in Gravesend, said the minivan — owned by his brother-in-law, Joseph Blanko — was boosted from his business last week.

Court system spokesman David Bookstaver said: “In New York state, bail can only be used to ensure a defendant’s return to court. It cannot be used for preventive detention or for punishment.”

“In this case, the defendant returned to court,” he added.

DeCarlo’s lawyer, Eric Pack, didn’t return messages seeking comment.

Additional reporting by Gabrielle Fonrouge, Lorena Mongelli and Gillian Kleiman