Reputed mob soldier Nicodemo pleads guilty to murder

INSTEAD OF FACING a retrial, reputed Philadelphia mob soldier Anthony Nicodemo pleaded guilty yesterday to third-degree murder and related offenses in the 2012 slaying of a South Philly man in broad daylight.

In a packed Common Pleas courtroom, Nicodemo, 43, his hands cuffed in front, looked back and nodded to supporters.

He was accused of being the getaway driver in the shooting death of Gino DiPietro, 50, who was gunned down in front of his house on Iseminger Street near Johnston in South Philadelphia, just before 3 p.m., Dec. 12, 2012.

As part of a plea agreement between the prosecution and defense, Nicodemo was sentenced by Judge Jeffrey Minehart to 25 to 50 years in state prison.

"Have any threats been made to you to plead guilty?" the judge asked Nicodemo.

"No," Nicodemo replied, shaking his head.

At Nicodemo's trial last May, a prosecution witness testified that he saw a masked gunman outside DiPietro's house and heard multiple shots fired. He then saw the gunman run and get into the passenger side of a black Honda Pilot SUV. The witness said he memorized the license-plate number and gave it to police.

Within an hour, police identified the vehicle and were at Nicodemo's home, on 17th Street near Hartranft, in the Packer Park section of South Philly. They found the SUV at the back of the house.

Nicodemo was alone in the house, and was taken into custody. After getting a search warrant, cops recovered a .357 Smith & Wesson gun behind the driver's seat on the floor of the SUV.

Assistant District Attorney Brian Zarallo said ballistics evidence showed that the gun matched the murder weapon.

The trial last year ended in a mistrial after a juror and an alternate were dismissed without explanation. Earlier, another juror had been removed. Subsequently, there were only 11 jurors left instead of 12, resulting in a mistrial.

Nicodemo faced a retrial, which was scheduled to start Monday, but instead he pleaded guilty yesterday to third-degree murder, conspiracy and weapon offenses.

As part of the plea deal, prosecutors dropped a first-degree murder charge.

When it was his turn to make a statement in court yesterday, Nicodemo, dressed in a blue-collared shirt and dark slacks, chose not to speak.

Before sentencing Nicodemo, the judge said: "It's just bewildering as to why these actions were taken," referring to the murder.

Zarallo said after the hearing that a motive for the shooting has not been determined. "We never had direct evidence of a motive," he said, although there have been "speculation and theories."

He added: "We know there's at least one other person involved in this," referring to the gunman. "The homicide investigation remains open."

Asked if DiPietro, like Nicodemo, was a reputed member of the mob, Zarallo said there is "no evidence at all to suggest that. . . . Any suggestion to the victim's involvement [with the mob] would be tenuous."

DiPietro's sister, Linda Shattuck, earlier told Minehart: "Today is by no means of the imagination a happy day for anyone here. . . . I will never again hug, touch, or laugh with my brother." She said her brother's sons have lost an important part of their family tree.