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As his parents looked on, Darius Levine admitted in court in Hackensack last week that he placed the child’s hand over his erect penis under his clothes.
The plea developed quickly when a bed became available in a suitable facility, said Rosemarie Arnold, the attorney for the victim’s family.
Levine, who authorities said was diagnosed as severely challenged, had been held on $100,000 bail in the county jail, where he was taken after first being committed to the secure unit of Bergen Regional Medical Center following his June 14, 2013 arrest.
He pleaded guilty to criminal sexual contact with a child under 13, which for the purposes of the plea was treated as a third-degree offense.
A condition of the plea agreement with Bergen County prosecutors was that Levine be placed in a 24-hour supervised facility for developmentally challenged offenders for no more than five years. In exchange, a five-year prison state prison term will be suspended when he is sentenced on Jan. 16.
In addition:
- The court will review his status and privileges in the facility every six months;
- He will have sex offender therapy on a regular basis;
- He will be evaluated at the state Adult Diagnostic and Treatment Center in Avenel, where a therapeutic program will be designed for him;
- He must register as a sex offender under Megan’s Law and remain under parole supervision for life.
- Failing to comply with any of the provisions will send Levine to state prison for the five years, under the agreement.
The victim’s father, a former Leonia firefighter, earlier this month sued the borough, the fire department and others in connection with the incident (SEE: Father files lawsuit over alleged sexual assault of boy at Leonia firehouse).
Levine and his adoptive parents — David Levine and Christine Banas — are also named in the civil suit filed by Arnold in Superior Court in Hackensack on behalf of the Ridgefield Park boy’s family.
The boy, identified in the lawsuit as G.P., is “shy, withdrawn,” Arnold said. “He’s speech-delayed.”
In addition, she said, the borough fired the boy’s father from the Fire Department after he retained her.
As CLIFFVIEW PILOT reported exclusively, the boy was riding scooters with his brother when Levine pinned him behind a fire truck, according to a source with direct knowledge of the incident said. Screams brought volunteers running.
Levine was “touching the boy and touching himself,” the source said, adding that firefighters pulled him away, then called police, as the frightened youngster was comforted.
Investigators were at the firehouse for several hours before arresting Levine and charging him with second-degree sexual assault by contact following an intensive review of the circumstances.
Although firefighters said they believed ordinary activities would resume the next day, borough officials immediately suspended department operations and secured mutual aid agreements from Fort Lee and Teaneck to cover their respective sides of town for two full days.
The governing body reopened the house, but with restricted access to trucks and equipment, and for medical emergencies.
The youngest of three adopted special-needs children in his family, the 4-foot-11-inch spent a lot of time around the firehouse. He was unable to become a full-fledged firefighter, however, because of his disabilities.
Levine was originally scheduled to graduate this year from the Community School of Teaneck, which serves children with learning disabilities and attention deficits.
He has also participated in the Puffin Cultural Forum, a project of the Teaneck-based Puffin Foundation Ltd., which reaches into the community for artwork and photography from all walks of life.
MUGSHOT: Courtesy BERGEN COUNTY SHERIFF
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