Man stole cancer funds for pet projects

BUFFALO, N.Y. (WIVB) - The family of a cancer patient asked the judge to give Scott Huber the maximum sentence on Tuesday after he stole from a trust fund set up to help with her care.

Huber faced a judge for his sentencing Tuesday morning in Erie County Court. Mary Tomaselli's family asked for the maximum sentence against Huber, who stole thousands from Tomaselli's trust fund.

"I'm very ashamed of what I did and I'm very sorry to the people that I betrayed," Huber said in court on Tuesday.

Huber was handcuffed and carted to jail after stealing $50,000 from the fund, set up for his friend, Mary Tomaselli, who died from colon cancer last year.

Huber contended, "I'm a person who did something wrong. I made a bad decision. It was never intended to turn out this way."

Huber once operated an insurance company out of a Delaware Avenue building. After he was charged with grand larceny, he moved from the area. That was only after he used the thousands he stole to pay for improvements inside and heated sidewalks, outside.

James Tomaselli read a letter in Michael D'Amico's courtroom, pleading for the maximum 15-year sentence.

"When we heard he actually spent this money to have heated sidewalks installed outside of his business, we couldn't believe it. She couldn't even afford to have the kind of funeral she wanted, but at least he didn't have to worry about shoveling his snow," James read.

He continued, "At the lowest point of her life, this generous, caring person felt a total betrayal of someone she considered a friend, someone she thought she could count on to help her. [Crying.] I'm sorry your honor."

After hearing that heartache, the judge sentenced Huber to 30-days in county jail.

Huber acknowledged, "I will live with this for the rest of my life."

Huber's lawyer denied his client used the money for heated sidewalks. Regardless, Huber will be released from jail, late next month.

He also has to serve 1,000 hours of community service and repay the thousands of dollars he stole.