CLEVELAND, Ohio (WYTV) – A judge sentenced Ben Lupo to 28 months in prison and ordered him to pay a $25,000 fine Monday after he pleaded guilty in March to dumping harmful chemicals in the Mahoning River.
Authorities did not take Lupo into custody Tuesday. Instead, he has to self-report to jail.
Dr. Thomas Detesco, Ben Lupo’s doctor for the last 30 years, testified at the hearing that Lupo suffers from several conditions including diabetes, hepatitis-c, gout and chronic kidney disease. Dr. Detesco said Lupo must have kidney dialysis every day or face the risk of death.
He also testified that Lupo is taking multiple medications and is under stress from a lawsuit involving a corporate divorce from a former business partner leading to reduced mental capacity at the time of the incident between November of 2012 and February of 2013.
Detesco said Lupo was even admitted to a psychiatric clinic, saying he was a risk to his own safety.
Detesco said he had invested in Lupo’s businesses when questioned by prosecutors.
Stephen Emsbo-Mattingly, a forensic chemist, testified that there was no risk to the environment or public from the dumping of waste material from the D&L Energy site.
Emsbo-Mattingly added that the dangerous chemicals such as benzene and toluene, which were laid out in the indictment against Lupo, were not found in the Mahoning River, stating that the chemicals worked themselves out of the water by the time they made their way to the Mahoning River.