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Joseph Apostoli, age 46, a member of the Fairview Fire Department, was found guilty on Wednesday, June 11, of two counts of third-degree assault, both class A misdemeanors, following a non-jury trial, the Westchester County DA's Office said.
The conviction stems from an incident on April 11, 2024, when Apostoli slammed the victim to the floor of their bedroom during a dispute, then carried her into the living room and threw her to the floor again, striking her in the head, according to the Westchester County District Attorney’s Office.
The woman—who is 4-foot-10 and weighs around 100 pounds—suffered serious injuries, including a rib fracture, a partially collapsed lung, and extensive bruising to her body and face. Apostoli is 6-foot-2 and weighs nearly 300 pounds, the DA's office noted.
While Apostoli was acquitted of a felony charge of second-degree assault, as well as charges of second-degree unlawful imprisonment and criminal obstruction of breathing or blood circulation, he was convicted on both assault counts.
He is scheduled to be sentenced on Monday, September 15.
District Attorney Susan Cacace praised the victim’s courage in coming forward.
"The victim in this case suffered immensely at the hands of Mr. Apostoli, and I am proud of her for summoning the bravery to share her story with police, prosecutors, and the trial court, notwithstanding the court’s apparent disregard for portions of her testimony.
"We stand with survivors," Cacace added.
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