A predator who attacked three women - 19, 22, and 29 - was sentenced to 25 years in prison and 15 years of post release supervision yesterday. He recieved a 25 year sentence for the rape of two women in Herkimer County Court today. Judge Patrick Kirk sentenced Lipiec for the kidnapping and unlawful imprisonment of the older two victims.
Because he said nothing at the sentencing, including comments which would indicate remorse, Judge Kirk said that “I’m disappointed that you’re not doing that, but I’m not really surprised,” only changing his tune after he officially signed the plea agreement papers.
Lipiec previously pleaded guilty to second-degree kidnapping in connection with a Feb. 7 incident in which he gave a 29-year-old woman a ride from Tom Cavallo’s Restaurant in New Hartford and wouldn’t let her leave his truck and residence.
Lipiec also once was charged with unlawful imprisonment for offering a 22-year-old Frankfort woman a ride home late at night in early March. When Lipiec attempted to handcuff the woman, she fought him off and was allowed to leave.
On Tuesday, Kirk additionally sentenced Lipiec to 1 to 3 years in prison for possessing a filed down plastic “shank,” or knife-like device, which he tried using to chip away the wall of his cell in an attempt to escape the Herkimer County jail, prosecutors said.
Herkimer County Assistant District Attorney Jeff Carpenter said that Lipiec, who he described as a predator, caused concern because he targeted three strangers. “Anybody who targets three individual strangers, and uses the methods that he did, causes grave concern for anyone in law enforcement and our community. We know of three victims, and that’s three too many.”
Judge Michael L. Dwyer of the Onieda County, NY court sentenced David Liplec, 42, to 25 years in prison and 15 years of post release supervision for the kidnapping and rape of the 19 year old victim yesterday. Unlike the Herkimer County victims, the 19 year old attended Lipiec's sentencing.
She accepted a ride home from Lipiec on the early morning hours of January 31, after she went out to a bowling alley with friends in South Utica, NY, when Lipiec tortured and raped her. Her victim impact statement is below.
"I’ve lost my sparkle, and my ability to shine,” the woman began as she recalled how her life has spiraled into paranoia and anxiety in the 10 months since she got into Lipiec’s truck at the parking lot behind Pin-O-Rama in South Utica.
“I no longer trust anyone,” she explained. “I constantly feel everyone is out there to get me.”
Suffering from post-traumatic stress, the woman has to look for intruders under every bed and behind every door whenever she gets home, she explained. She gets angry at her family when they leave her home alone, she said, and her long-term relationship with a boyfriend recently collapsed when the pressure to cope became too much to endure.
She feels there is nobody to help make her “sane” again, not even her own family, and nobody who can understand what it’s like to look in the mirror everyday and feel “dirty, broken and scarred,” the woman said. And some mornings she wakes up with bruises and cuts on her body that she unknowingly inflicted upon herself while she slept.
She can no longer listen to the happy, bubbly songs that remind her of the normal teenager she once was, she continued. Instead, she listens to hard, angry rock music because it makes her feel comforted knowing that she’s not alone in her suffering.
In closing, the victim said that what she had before the attack "was all wasted on a person who doesn’t even deserve a name or a place in society." The judge echoed those words as he said to Lipiec "I’m not going to waste any words on you,” as he felt the perp could not understand the true magnitude of his crime.
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