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Depending on how he does, Darius Levine could spend the rest of his life at Amwell House, a center for developmentally challenged offenders in Salem County.
All sides agreed that the decision was in the best interests of Levine, who admitted in September that he placed the child’s hand over his erect penis under his clothes in June 2013. That includes the boy’s parents, Assistant Bergen County Prosecutor Demetra Maurice noted.
They know Levine’s family and thought from the beginning that prison wasn’t the right solution for the severely challenged Levine, Maurice said in court today. They wanted to be sure, however, that he was supervised so that he couldn’t victimize another child, she added.
Darius Levine (STORY / PHOTOS: CLIFFVIEW PILOT Courthouse Reporter Mary K. Miraglia)
The deal was contingent on Levine being in the secure facility, from which he can leave only with supervision during daytime hours. He also cannot have any contact with children under 18.
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 and 24-hour supervision;
• He will be evaluated at the state Adult Diagnostic and Treatment Center in Avenel, where a therapeutic program is being 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 a five-year term that the judge suspended today.
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NOTE: Due to a reporting error, a previous version of this story said that Levine would be committed for five years. The commitment is open-ended, depending on the results of evaluations.
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An evaluation determined that Levine qualified for treatment and incarceration at Avenel, but professionals there said he is better off at Amwell House, Maurice said, because the environment and program there are more suitable to his needs.
Levine was initially committed to the secure unit of Bergen Regional Medical Center following his June 14, 2013 arrest. He was later held on $100,000 bail in the Bergen County Jail before a bed became available at Amwell in September.
“It’s a very difficult case,” defense attorney Raymond Flood said today, “and I think the resolution is fair.”
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.
Flood, the defense attorney, told the judge today that his client is remorseful. But he also said he wanted her to understand hardships Levine endured growing up.
“Darius has faced challenges very few defendants have faced in their lives,” he told Presiding Superior Court Judge Liliana DeAvila-Silebi. “He was born with cerebral palsy. He has had a speech impediment his whole life.
“He was developmentally disabled, he has been bullied and abused his whole life. I just mention this to the court not for sympathy, but so you understand just how difficult life has been for this young man.”
The youngest of three adopted special-needs children in his family, the 4-foot-11-inch Levine 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.
The victim’s father, a former Leonia firefighter, last year 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 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,” attorney Rosemarie 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.
STORY / PHOTOS: CLIFFVIEW PILOT Courthouse Reporter Mary K. Miraglia
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